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117-s-3214 | II 117th CONGRESS 1st Session S. 3214 IN THE SENATE OF THE UNITED STATES November 16, 2021 Mr. Daines (for himself, Mrs. Hyde-Smith , Mr. Marshall , Ms. Lummis , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote domestic energy production, to require onshore oil and natural gas lease sales, development of renewable energy on public lands, and offshore oil and natural gas and wind lease sales, and for other purposes.
1. Short title This Act may be cited as the Supporting Made in America Renewable and Traditional Energy Act or the SMART Energy Act . 2. Oil and natural gas and wind leasing; priority areas for renewable energy projects (a) Onshore lease sales and renewable energy projects (1) Requirement to immediately resume onshore and offshore oil and gas lease sales (A) In general The Secretary of the Interior (referred to in this Act as the Secretary ) shall immediately resume oil and gas lease sales in compliance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (B) Requirement The Secretary shall ensure that any oil and gas lease sale under subparagraph (A) is conducted immediately on completion of all applicable scoping, public comment, and environmental analysis requirements under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Annual lease sales (A) In general Notwithstanding any other provision of law, in accordance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), beginning in fiscal year 2022, the Secretary shall conduct a minimum of 4 oil and natural gas lease sales annually in each of the following States: (i) Wyoming. (ii) New Mexico. (iii) Colorado. (iv) Utah. (v) Montana. (vi) North Dakota. (vii) Oklahoma. (viii) Nevada. (ix) Any other State in which there is land available for oil and natural gas leasing under that Act. (B) Requirement In conducting a lease sale under subparagraph (A) in a State described in that subparagraph, the Secretary shall offer all parcels eligible for oil and gas development under the resource management plan in effect for the State. (C) Replacement sales If, for any reason, a lease sale under subparagraph (A) for a calendar year is canceled, delayed, or deferred, including for a lack of eligible parcels, the Secretary shall conduct a replacement sale during the same calendar year. (3) Priority areas for geothermal, solar, and wind energy projects Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish priority areas on public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) for geothermal, solar, and wind energy projects, consistent with— (A) the principles of multiple use (as defined in that section); and (B) the national goals for renewable energy production established pursuant to section 3104 of the Energy Act of 2020 ( 43 U.S.C. 3004 ), including the minimum production goal described in subsection (b) of that section. (b) Offshore lease sales (1) In general The Secretary shall conduct all lease sales described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) that have not been conducted as of the date of enactment of this Act by not later than December 31, 2022. (2) Gulf of Mexico region annual lease sales Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Gulf of Mexico Region of the outer Continental Shelf, which shall include the following areas described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016): (A) The Central Gulf of Mexico Planning Area. (B) The Western Gulf of Mexico Planning Area. (3) Alaska region annual lease sales Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Alaska Region of the outer Continental Shelf, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016). (4) Atlantic region and Pacific region annual lease sales (A) In general The Secretary shall immediately review and make proposals for the offshore wind leasing program for the Atlantic and Pacific Regions of the outer Continental Shelf in order to reach the goal of conducting a minimum of 2 region-wide wind lease sales annually in each of the Atlantic and Pacific Regions of the outer Continental Shelf. (B) Requirement The Secretary shall ensure that the proposals for offshore wind leasing under subparagraph (A) take into consideration the locally affected coastal communities. (5) Requirements In conducting lease sales under paragraphs (2), (3), and (4), the Secretary shall— (A) issue leases to the highest responsible qualified bidder or bidders; and (B) include in each lease sale all unleased areas that are not subject to restrictions as of the date of the lease sale. (6) Outer Continental Shelf oil and gas leasing program Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— (A) in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking subsections (c) and (d) of this section and inserting subsections (c) through (f) ; (B) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (C) by inserting after subsection (e) the following: (f) Subsequent leasing programs (1) In general Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section. (2) Requirement Each subsequent oil and gas leasing program under this section shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program. . (c) Prohibition (1) In general The President shall not, through Executive order or any other administrative procedure, unreasonably pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without Congressional approval. (2) Rebuttable presumption There shall be a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede or circumvent any Federal energy mineral leasing process under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without Congressional approval, is a violation of the applicable law. 3. Requirement to submit documents and communications (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. Reg. 7624 (February 1, 2021); relating to tackling the climate crisis at home and abroad). (b) Inclusions The submission under subsection (a) shall include all documents and communications submitted to the Secretary by members of the public in response to any public meeting or forum relating to the comprehensive review described in that subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s3214is/xml/BILLS-117s3214is.xml |
117-s-3215 | II 117th CONGRESS 1st Session S. 3215 IN THE SENATE OF THE UNITED STATES November 16, 2021 Mr. Rounds (for himself, Mr. Manchin , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Act of August 10, 1956, to provide for the payment of pay and allowances for certain officers of the Army who are assigned to the Corps of Engineers.
1. Short title This Act may be cited as the USACE Military Personnel Augmentation Act of 2021 . 2. Payment of pay and allowances of certain officers from appropriation for improvements Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a ), is amended— (1) by striking Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers, and inserting the following: (a) In general The personnel described in subsection (b) ; and (2) by adding at the end the following: (b) Personnel described The personnel referred to in subsection (a) are the following: (1) Regular officers of the Corps of Engineers of the Army. (2) The following members of the Army who are assigned to the Corps of Engineers: (A) Reserve component officers. (B) Warrant officers (whether regular or reserve component). (C) Enlisted members (whether regular or reserve component). . | https://www.govinfo.gov/content/pkg/BILLS-117s3215is/xml/BILLS-117s3215is.xml |
117-s-3216 | II 117th CONGRESS 1st Session S. 3216 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Marshall (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children.
1. Short title This Act may be cited as the WIC Healthy Beginnings Act of 2021 . 2. Database of bid solicitations for infant formula under the WIC program Section 17(h)(8)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(8)(A) ) is amended by adding at the end the following: (xi) Database of bid solicitations (I) In general Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. (II) State agencies In soliciting bids for infant formula under the program, a State agency shall submit to the Secretary, not later than 5 business days after the date of the bid solicitation, a description of the bid solicitation, including— (aa) the title of the bid solicitation and the State agency administering the bid solicitation; (bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; (cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and (dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. (III) Publication Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). (IV) Guidance The Secretary shall issue guidance to implement this clause. (V) Liability limitation A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause. . | https://www.govinfo.gov/content/pkg/BILLS-117s3216is/xml/BILLS-117s3216is.xml |
117-s-3217 | II 117th CONGRESS 1st Session S. 3217 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide special rules for purposes of determining if financial guaranty insurance companies are qualifying insurance corporations under the passive foreign investment company rules.
1. Treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules (a) In general Section 1297(f)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rules for financial guaranty insurance companies (i) In general Notwithstanding subparagraphs (A)(ii) and (B), the applicable insurance liabilities of a financial guaranty insurance company shall include its unearned premium reserves if— (I) such company is prohibited under generally accepted accounting principles from reporting on its applicable financial statements reserves for losses and loss adjustment expenses with respect to a financial guaranty insurance or reinsurance contract except to the extent that losses and loss adjustment expenses are expected to exceed the unearned premium reserves on the contract, (II) the applicable financial statement of such company reports financial guaranty exposure of at least 15-to-1 or State or local bond exposure of at least 9-to-1 (8-to-1 in the case of a taxable year of such company which ends on or before December 31, 2018), and (III) such company includes in its insurance liabilities only its unearned premium reserves relating to insurance written or assumed that is within the single risk limits set forth in subsection (D) of section 4 of the Financial Guaranty Insurance Guideline (modified by using total shareholder’s equity as reported on the applicable financial statement of the company rather than aggregate of the surplus to policyholders and contingency reserves). (ii) Application of alternative facts and circumstances test A financial guaranty insurance company shall be treated as satisfying the requirements of paragraph (2)(B). (iii) Financial guaranty insurance company For purposes of this subparagraph, the term financial guaranty insurance company means any insurance company the sole business of which is writing or reinsuring financial guaranty insurance (as defined in subsection (A) of section 1 of the Financial Guaranty Insurance Guideline) which is permitted under subsection (B) of section 4 of such Guideline. (iv) Financial guaranty exposure For purposes of this subparagraph, the term financial guaranty exposure means the ratio of— (I) the net debt service outstanding insured or reinsured by the company that is within the single risk limits set forth in the Financial Guaranty Insurance Guideline (as reported on such company’s applicable financial statement), to (II) the company’s total assets (as so reported). (v) State or local bond exposure For purposes of this subparagraph, the term State or local bond exposure means the ratio of— (I) the net unpaid principal of State or local bonds (as defined in section 103(c)(1)) insured or reinsured by the company that is within the single risk limits set forth in the Financial Guaranty Insurance Guideline (as reported on such company’s applicable financial statement), to (II) the company’s total assets (as so reported).” (vi) Financial Guaranty Insurance Guideline For purposes of this subparagraph— (I) In general The term Financial Guaranty Insurance Guideline means the October 2008 model regulation that was adopted by the National Association of Insurance Commissioners on December 4, 2007. (II) Determinations made by Secretary The determination of whether any provision of the Financial Guaranty Insurance Guideline has been satisfied shall be made by the Secretary. . (b) Reporting of certain items Section 1297(f)(4) of such Code is amended by adding at the end the following new subparagraph: (C) Clarification that certain items on applicable financial statement be separately reported with respect to corporation An amount described in paragraph (1)(B) or clause (i)(II), (i)(III), (iv)(I), (iv)(II), (v)(I), or (v)(II) of paragraph (3)(C) shall be treated as reported on an applicable financial statement for purposes of this section if— (i) such amount is separately reported on such statement with respect to the corporation referred to in paragraph (1), or (ii) such amount is separately determined for purposes of calculating an amount which is reported on such statement. (D) Authority of Secretary to require reporting (i) In general Each United States person who owns an interest in a specified non-publicly traded foreign corporation and who takes the position that such corporation is not a passive foreign investment company shall report to the Secretary such information with respect to such corporation as the Secretary may require. (ii) Specified non-publicly traded foreign corporation For purposes of this subparagraph, the term specified non-publicly traded foreign corporation means any foreign corporation— (I) which would be a passive foreign investment company if subsection (b)(2)(B) did not apply, and (II) no interest in which is traded on an established securities market. . (c) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 14501 of Public Law 115–97 . (2) Reporting The amendment made by subsection (b) shall apply to reports made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3217is/xml/BILLS-117s3217is.xml |
117-s-3218 | II 117th CONGRESS 1st Session S. 3218 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to provide for a Parents' Bill of Rights.
1. Short title This Act may be cited as the Parents’ Bill of Rights Act of 2021 . 2. Parents’ Bill of Rights (a) In general Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 8549D. Parents’ Bill of Rights (a) In general No State, its agents, its subdivisions, or the agents of its subdivisions shall deny to the parent or guardian of a minor child any or all of the following rights: (1) The right to fully review, in physical or digital optical character recognition format, and make copies of, the curricula, books, and other educational materials used by the school attended by their minor child or local educational agency that serves such school. This right shall be understood to— (A) include a right to affirmative disclosure of class syllabi and reading lists to the parent or guardian of a minor child by the school attended by their minor child or local educational agency that serves such school; and (B) prohibit a requirement that an individual sign a nondisclosure agreement as a condition to viewing or otherwise accessing curricular materials. (2) The right to access information on the teachers, guest lecturers, and outside presenters who engage with students at the school attended by their minor child. This right shall be understood to prohibit schools from permitting or requiring the attendance of minor children at school assemblies, field trips, and other extracurricular activities, absent affirmative consent from their parent or guardian. (3) The right to access information on all third-party individuals and organizations that receive contracts or other funding through the school attended by their minor child or the local educational agency that serves such school. (4) The right to visit their minor child at school during school hours. (5) The right to access all records generated by the school attended by their minor child or the local educational agency that serves such school that concerns their minor child. (6) The right to access information pertaining to the collection and transmission of data regarding their minor child by the school attended by their minor child or the local educational agency that serves such school. This right shall be understood to— (A) include a right to access information on any outside entity, including an accreditor, marketing consultancy, or third-party clearinghouse, to which student data, whether anonymized or not, is transferred; (B) prohibit the collection, by the school attended by their minor child or the local educational agency that serves such school, of any biometric data or other sensitive personal information from the minor child, absent affirmative consent by a parent or guardian of the minor child; and (C) require that schools and local educational agencies serving such schools make available processes by which the parent or guardian of a minor child can object in writing to, and deny consent to, the use of videographic, photographic, or audio depictions of their minor child by the school or local educational agency serving such school. (7) The right to be heard at school board meetings or other governance hearings pertaining to the school attended by their minor child or the local educational agency that serves such school. This right shall be understood to require that school board meetings or other governance hearings pertaining to curricula, safety, and other student issues be conducted publicly and allow for public comments. (8) The right to be notified of situations affecting the safety of their minor child at school. This right shall be understood to require, but is not limited to requiring, that schools notify parents or guardians in a timely manner of any or all of the following incidents: (A) Physical assaults occurring in or around the school. (B) Sexual assaults occurring in or around the school. (C) Appearances of weapons in or around the school. (D) Drug use or possession in or around the school. (E) Police investigations in or around the school. (F) Crimes, including misdemeanors, committed by teachers or other school or local educational agency employees, whether such offenses were committed on or off the campus of a school. (b) Enforcement (1) Civil action Any person who is denied one or more of the rights identified in subsection (a) may bring a civil action in any court of competent jurisdiction for injunctive relief. (2) State enforcement In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any entity in an act or practice denying one or more of the rights identified in subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to obtain injunctive relief. (3) Withholding of funds for persistent violations (A) In general If a State is not in compliance, as described in subparagraph (B), for a fiscal year the Secretary shall withhold from the State 50 percent of the total amount required to be apportioned to the State or any subdivision of the State under this Act on the first day of the following fiscal year. (B) Noncompliance A State shall be deemed noncompliant for a fiscal year for purposes of this paragraph if, within the 5-year period before the date of the determination, there was not less than 3 final judgments (that were not reversed on appeal) in separate suits for injunctive relief filed pursuant to paragraph (1) or (2), or both, in which the plaintiffs prevailed against the State, its agents, its subdivisions, or the agents of its subdivisions, and in which the court granted injunctive relief. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following: Sec. 8549D. Parents’ Bill of Rights. . | https://www.govinfo.gov/content/pkg/BILLS-117s3218is/xml/BILLS-117s3218is.xml |
117-s-3219 | II 117th CONGRESS 1st Session S. 3219 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mrs. Murray (for herself, Ms. Hirono , Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Cardin , Mr. Casey , Mrs. Gillibrand , Ms. Duckworth , Mr. Durbin , Mr. Kaine , Mr. Markey , Mr. Merkley , Mr. Luján , Ms. Klobuchar , Mr. Padilla , Ms. Rosen , Mr. Sanders , Mr. Van Hollen , Ms. Warren , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prevent discrimination and harassment in employment.
1. Short title This Act may be cited as the Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act or the BE HEARD in the Workplace Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Purposes. Title I—Researching and Preventing Workplace Harassment; Tipped Employees Sec. 100. Definitions. Subtitle A—Preventing Workplace Harassment Sec. 101. Mandatory nondiscrimination policies. Sec. 102. Nondiscrimination training. Sec. 103. Resource materials on policies and trainings for small businesses. Sec. 104. Education, training, and technical assistance to employers. Sec. 105. Task force regarding harassment. Sec. 106. Resource materials on employment climate assessments. Sec. 107. Establishing an Office of Education and Outreach within the Equal Employment Opportunity Commission. Sec. 108. Relationship to other laws. Sec. 109. Authorization of appropriations. Subtitle B—Research and Additional Resources for Harassment Prevention Sec. 111. National prevalence survey on harassment in employment. Sec. 112. Study and report on harassment in the Federal Government. Sec. 113. Studies, reports, and further research. Subtitle C—Preventing Harassment of Tipped Employees Sec. 121. Tipped employees. Title II—Strengthening Workplace Rights Sec. 201. Clarifying sexual orientation discrimination and gender identity discrimination are unlawful sex discrimination. Sec. 202. Covered employers. Sec. 203. Compensatory and punitive damages available. Sec. 204. Harassment and discrimination; standards of proof. Sec. 205. Clarifying other standards of proof. Sec. 206. Supervisor liability. Sec. 207. Extending the statutes of limitations. Sec. 208. Extending the time limitations on Federal employees filing a complaint. Title III—Broadening Protections and Ensuring Transparency Sec. 301. Independent contractors, interns, fellows, volunteers, and trainees. Sec. 302. Nondisclosure agreements. Sec. 303. Prohibition on mandatory arbitration and protection of concerted legal action. Sec. 304. Federal contractor compliance with civil rights laws. Title IV—Nationwide Grants To Prevent and Respond to Workplace Harassment Sec. 401. Definitions. Subtitle A—National Grants for Preventing and Addressing Employment Discrimination, Including Harassment Sec. 411. Definitions. Sec. 412. Grants. Sec. 413. Authorization of appropriations. Subtitle B—Grants for Legal Assistance for Low-Income Workers Sec. 421. Definitions. Sec. 422. Grants for civil legal needs related to employment discrimination. Sec. 423. Authorization of appropriations. Subtitle C—Grants for a System of State Advocacy Sec. 431. Purpose. Sec. 432. Definitions. Sec. 433. Allotments and payments. Sec. 434. System required. Sec. 435. Administration. Sec. 436. Authorization of appropriations. Title V—General Provisions Sec. 501. Severability. 3. Purposes The purposes of this Act are— (1) to prevent and reduce prohibited discrimination and harassment in employment; (2) to prevent and reduce discriminatory and harassing conduct in the workplace; (3) to identify and implement best practices in creating a workplace free from discrimination and harassment; (4) to update and clarify certain employment nondiscrimination laws; and (5) to expand workers’ access to counsel and advocacy services to protect the legal and human rights of workers by preventing and reducing discrimination and harassment and responding to violations of worker’s rights. I Researching and Preventing Workplace Harassment; Tipped Employees 100. Definitions In this title: (1) Commission The term Commission means the Equal Employment Opportunity Commission. (2) Employer The term employer has the meaning given the term in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ), as amended by section 202 of this Act. A Preventing Workplace Harassment 101. Mandatory nondiscrimination policies (a) Policies (1) In general Beginning not later than 1 year after the date of enactment of this Act, each employer who has 15 or more employees shall adopt, maintain, and periodically review a comprehensive nondiscrimination policy, which shall establish policies and procedures concerning prohibited discrimination and harassment in employment. (2) Dissemination and posting The employer shall disseminate the comprehensive nondiscrimination policy to each employee at the beginning of employment, annually, and on the issuance of any update to the comprehensive nondiscrimination policy. The employer shall post the comprehensive nondiscrimination policy in prominent locations, including in a prominent location on the employer’s website. (b) Contents At a minimum, the comprehensive nondiscrimination policy shall include— (1) a definition of prohibited discrimination and prohibited harassment in employment; (2) a description of the types of behaviors prohibited by the policy; (3) the identification of multiple persons to whom an employee may report such discrimination or harassment; (4) a description of multiple methods for reporting such discrimination or harassment; (5) a general description of how the employer will conduct prompt, thorough, and impartial investigations and respond to complaints regarding such discrimination or harassment; (6) a prohibition against retaliation related to such discrimination or harassment, including disclosing, reporting, or challenging such discrimination or harassment; (7) a description of potential consequences for violating the policy; and (8) any additional components required by the Commission for the purpose of preventing unlawful discrimination and harassment. (c) Accessibility The comprehensive nondiscrimination policy shall be made available in plain English and in an accessible manner for individuals with disabilities and for individuals who primarily speak a language other than English. (d) Enforcement (1) Subject to paragraph (2), an employer who fails to comply with this section shall be fined not more than $1,000 for each separate offense. (2) An employer who repeatedly or willfully fails to comply with this section shall be fined not less than $5,000 for each separate offense. (e) Regulations The Commission shall have authority to promulgate regulations to carry out this section. 102. Nondiscrimination training (a) In general The Commission shall promulgate regulations to require appropriate employers, as determined by the Commission, to provide— (1) in-person or other interactive training for each employee regarding discriminatory and harassing behaviors in employment; and (2) training specifically designed for supervisors regarding the prevention of and response to discrimination and harassment in employment, including retaliation. (b) Required training The requirements described in subsection (a) shall— (1) be based on research on effective training; and (2) identify specific elements of such training. (c) Enforcement The Commission shall issue remedies for noncompliance by regulation. 103. Resource materials on policies and trainings for small businesses (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall make publicly available resource materials on comprehensive nondiscrimination policies and trainings on such policies for employers with fewer than 15 employees. (b) Contents Such resource materials shall include, at a minimum— (1) model comprehensive nondiscrimination policies concerning prohibited discrimination and harassment in employment, as described in section 101, for use by employers with fewer than 15 employees, which shall— (A) be designed to be easily distributed by such employers to employees; (B) take into account the resources available to such employers; (C) take into account the particular needs of employees of such employers; (D) be made available in plain English and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than English; (E) include a definition of prohibited discrimination and harassment in employment; (F) include examples of prohibited discriminatory and harassing behaviors; (G) describe how the employer may conduct prompt, thorough, and impartial investigations and respond to complaints regarding such prohibited discrimination and harassment; (H) include a prohibition against retaliation related to such discrimination or harassment; (I) include policies that reflect the needs of a variety of different types of workplaces, including those with differing work structures, facilities, or tasks; (J) describe behaviors that would constitute retaliation; and (K) include a description of potential consequences for violating the comprehensive nondiscrimination policy; and (2) model trainings regarding prohibited discrimination and harassment in employment, as described in section 102, for use by employers with fewer than 15 employees, which shall— (A) take into account the resources available to such employers; (B) take into account the particular needs of employees of such employers; (C) be made available in plain English and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than English; (D) be made available in an online format that is widely available to such employers and employees of such employers; (E) include an explanation of prohibited discrimination and harassment in employment, including retaliation related to such discrimination and harassment; (F) describe the affirmative behaviors that contribute to preventing and reducing harassment and discrimination in employment; (G) include trainings designed to address the needs of a variety of workplaces, including those with differing work structures, facilities, and tasks; (H) include best practices for preventing prohibited discrimination and harassment specific to industries in which the Commission determines that harassment is particularly prevalent or severe; and (I) include any additional information the Commission determines may prevent discrimination and harassment of employees. (c) Individualization The Commission shall ensure that resource materials under this section are designed to facilitate individual employers to customize training to address the needs of their workplaces, including differing work structures, facilities, and tasks. 104. Education, training, and technical assistance to employers The Commission shall have the authority to— (1) reasonably adjust the fees the Commission charges for any education, technical assistance, or training the Commission offers in accordance with section 705(j)(1) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4(j)(1) ); (2) use the materials developed by the Commission for any education, technical assistance, or training offered by the Commission in accordance with that section in any education and outreach activities carried out by the Commission; and (3) use funds from the Commission’s EEOC Education, Technical Assistance, and Training Revolving Fund, established under section 705(k) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4(k) ), to pay the full salaries of any Commission employees that develop and administer any education, technical assistance, or training programs offered by the Commission. 105. Task force regarding harassment (a) In general The Commission shall establish and periodically convene a harassment prevention task force (referred to in this subsection as the Task Force ) to study prohibited harassment in employment. (b) Membership The Task Force established under paragraph (1) shall include membership that reflects a broad diversity of experience and expertise relating to prohibited harassment, including— (1) employee advocates; (2) researchers with expertise in organizational culture change or reducing behavior related to harassment and discrimination; (3) legal practitioners with professional expertise related to harassment litigation on behalf of employees; (4) legal practitioners with experience serving as a chief legal officer or human resource officer in a corporate legal department; (5) individuals with expertise in diversity and inclusion initiatives; (6) individuals who have experienced prohibited harassment in employment; and (7) union leaders. (c) Duties The Task Force shall— (1) identify strategies and recommend proposals to prevent prohibited harassment in employment; and (2) provide guidance on effective strategies to prevent prohibited harassment that are specific to industries in which the Task Force determines that harassment is particularly prevalent or severe. (d) Report Not less than once every 5 years, the Commission shall prepare and publish a report on the Commission’s website, which shall be based on the work of the Task Force and shall include— (1) a review of the prevalence of prohibited harassment in employment, including the results of the national prevalence survey described in section 111; (2) recommendations for Federal, State, and local initiatives, reforms, and legislation to prevent prohibited harassment in employment; (3) assessments of the effectiveness of employment policies designed to prevent prohibited harassment in employment by changing behavior and culture; (4) assessments of the effectiveness of processes for investigations into prohibited harassment in employment; (5) assessments of the effectiveness of different types of training to reduce and prevent harassment in employment; and (6) assessments of the effectiveness of other proactive initiatives and interventions to reduce and prevent harassment in employment. 106. Resource materials on employment climate assessments (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall develop and make publicly available resource materials for employers on assessing the employment climate, including the occurrence of prohibited harassment in employment, in order to assist such employers in determining the effectiveness of measures the employer takes to prevent and address prohibited harassment in employment. (b) Employment climate survey Such resource materials shall include a model survey regarding prohibited harassment in employment, which shall be available for an employer to use (at the employer’s discretion and employer’s expense) in order to assess the employment climate. The model survey shall be— (1) designed to assess employees’ experiences related to prohibited harassment in employment; (2) fair, unbiased, and scientifically valid to the greatest extent practicable; (3) designed to solicit confidential submissions and to provide data without revealing personally identifiable information; and (4) inclusive of individuals required to be afforded protection under section 301. (c) Contents The model survey may include— (1) questions designed to assess the prevalence of prohibited harassment in employment; (2) questions designed to understand whether employees have access to and are familiar with the employer’s nondiscrimination and anti-harassment policies and procedures; (3) questions to assess the employment climate; and (4) any additional questions the Commission determines are consistent with the purposes of this section. (d) Mandatory employee participation prohibited An employer may not compel or require employees to participate in a survey regarding prohibited harassment or discrimination in employment. (e) Review and revision The Commission shall periodically review and revise the resource materials described in subsection (a) and the model survey developed under subsection (b). 107. Establishing an Office of Education and Outreach within the Equal Employment Opportunity Commission (a) In general The Commission shall establish and maintain an Office of Education and Outreach to— (1) conduct outreach and education concerning prohibited discrimination and harassment in employment under Federal civil rights laws and available resources and remedies relating to those laws; and (2) conduct a multi-year public awareness campaign to improve public awareness of the Commission, which shall include disseminating information about— (A) the purpose of the Commission; (B) the resources available through the Commission to prevent prohibited discrimination and harassment in employment; (C) the ways in which an individual can file a complaint with the Commission; and (D) the process by which the Commission investigates charges of discrimination. (b) Information disseminated The information disseminated in accordance with subsection (a)(2) shall be made available in plain English and in an accessible manner for individuals with disabilities and for individuals who primarily speak a language other than English. 108. Relationship to other laws Compliance with section 101 or 102, or use of materials provided under subtitle A, is not an affirmative defense under applicable employment nondiscrimination laws. 109. Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the Commission’s duties and activities, including such duties and activities authorized under this subtitle. B Research and Additional Resources for Harassment Prevention 111. National prevalence survey on harassment in employment (a) Survey The Bureau of the Census, the Commission, and the Bureau of Labor Statistics shall jointly develop a national prevalence survey on the prevalence of prohibited harassment in employment (referred to in this section as the national prevalence survey ). Such survey shall be administered by the Bureau of the Census not later than 1 year after the date of enactment of this Act, and every 3 years thereafter. (b) Contents The national prevalence survey shall include questions designed to collect such information from individuals as may be necessary to examine existing beliefs, attitudes, and understanding of prohibited harassment in employment, and the extent to which such harassment is experienced or observed by individuals, supervisors, and employers, including the information necessary for the report described in subsection (c). (c) Report (1) In general Not later than 6 months after each national prevalence survey has been administered, the Bureau of the Census, the Commission, and the Bureau of Labor Statistics shall jointly prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the results of that survey. (2) Required information The report under this subsection shall include, at minimum— (A) information about the extent to which individuals experience prohibited harassment in employment on the basis of sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), race, color, religion, national origin, age, disability, genetic information, and uniformed service status, and information about the interaction of different characteristics that may be the basis of harassment in employment; (B) information about the prevalence of each such form of prohibited harassment in employment, disaggregated by industry and salary level, including across all wage bands; and (C) an analysis of the economic impacts of prohibited harassment. (3) Disaggregation of sex-based harassment The report under this subsection shall separately, and in the aggregate, report each of the following bases of sex harassment: (A) Sexual orientation. (B) Gender identity. (C) Pregnancy. (D) Childbirth. (E) A medical condition related to pregnancy or childbirth. (F) A sex stereotype. (G) Sexual in nature. (4) Public availability The report shall be made publicly available on the websites of the Bureau of the Census, the Commission, and Bureau of Labor Statistics. (d) Authorization of appropriations There are authorized to be appropriated for the Bureau of the Census to carry out this section such sums as may be necessary for each fiscal year the national prevalence survey is to be administered under subsection (a) or the report is to be submitted under subsection (c). 112. Study and report on harassment in the Federal Government (a) In general Not later than 1 year after the date of enactment of this Act, and not less than once every 3 years thereafter, the Merit Systems Protection Board shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the following information: (1) The prevalence of specific behaviors associated with prohibited harassment in employment among Federal employees, including information about such behaviors disaggregated by each wage band. (2) The impact of prohibited harassment in employment and violations of Federal civil rights laws on the Federal Government, in terms of monetary costs, attrition, and morale. (3) The particular impact of prohibited harassment in employment on the experience of Federal employees with disabilities. (4) Working in coordination with the Commission’s Office of Federal Operations, a description of the differences in Federal agency policies, strategies, reporting mechanisms, training programs, and other practices regarding preventing and addressing prohibited harassment in employment. (5) A description of which policies, strategies, reporting mechanisms, training programs, and other practices described in paragraph (4) have prevented, addressed, or reduced prohibited harassment in employment. (6) Working in coordination with the Commission’s Office of Federal Operations, joint recommendations from such Office and the Merit Systems Protection Board to Federal agencies on how to prevent and address prohibited harassment in employment. (b) Authorization of appropriations There are authorized to be appropriated to the Merit Systems Protection Board such sums as may be necessary to carry out this section. 113. Studies, reports, and further research (a) Study and report on enforcement of nondiscrimination laws prohibiting harassment laws Not later than 1 year after the date of enactment of this Act, the United States Commission on Civil Rights shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that shall examine enforcement of the nondiscrimination laws prohibiting harassment including— (1) trends in enforcement of such laws; (2) barriers to effective enforcement of such laws; (3) best practices in enforcement of such laws; (4) recommendations about how to improve enforcement of such laws, including whether establishing individual liability for discrimination and harassment in employment would improve enforcement of such laws; and (5) how the experience of harassment for employees and individuals required to be afforded protections under section 301 has changed over time since the passage of such laws. (b) Study and report on prevention of harassment in employment (1) In general Not later than 60 days after the date of enactment of this Act, the Director of the National Institutes of Health shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine, through which the National Academies of Science, Engineering, and Medicine shall conduct a study on preventing and addressing prohibited harassment in employment. (2) Contents Such study shall include— (A) an evaluation of the existing research of the causes of prohibited harassment in employment, including retaliation related to such harassment, and gaps in such research; (B) a review of the existing research regarding how prohibited harassment in employment impacts individuals; (C) an evaluation of the existing research on training to prevent prohibited harassment in employment, including essential components of effective training to prevent such prohibited harassment and retaliation, and gaps in such research; (D) an assessment of the efficacy and availability of training models and programs to prevent prohibited harassment in employment; (E) the identification of employment or societal factors that increase the likelihood of prohibited harassment in employment, particularly across industries with a high number of individuals who are vulnerable to experiencing such prohibited harassment, including whether diversity in leadership positions within an organization reduces the likelihood of such prohibited harassment; (F) an examination of methods of inducing, scaling, and sustaining institutional or organizational change to prevent prohibited harassment in employment; (G) an analysis of policies, strategies, and practices that have been the most successful in preventing and addressing prohibited harassment in employment; and (H) any other information or analysis necessary to identify the gaps in research and other measures described in subsection (c). (3) Report Not later than 1 year after the date of enactment of this Act, the National Academies of Sciences, Engineering, and Medicine shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the Director of the National Institutes of Health, a report containing the results of the study conducted under this subsection and make recommendations to Congress, executive branch agencies, private employers, and researchers. Such recommendations shall include ways that such training could be improved to result in behavioral and cultural changes that prevent and reduce behaviors associated with prohibited harassment in employment. The report and recommendations shall be made publicly available. (c) Supporting further research on preventing and understanding harassment in employment (1) In general Not later than 6 months after the submission required under subsection (b)(3), the Director of the National Institutes of Health, in consultation with the Commission and the Secretary of Labor, shall enter into agreements (including through the use of grants, contracts, cooperative agreements, or other transactions) to support research regarding— (A) the gaps identified in the report required under subsection (b)(3) in research on the causes of prohibited harassment in employment, including retaliation related to such harassment; (B) the gaps identified in the report required under subsection (b)(3) in research on the psychological sequelae of prohibited harassment in employment, including retaliation related to such harassment; (C) gaps identified in the report required under subsection (b)(3) in research on special populations and their risk for prohibited harassment in employment, including adolescents, older individuals, racial and ethnic minorities, individuals with disabilities, women, and other populations that could be disproportionately affected by prohibited harassment in employment; (D) gaps identified in the report required under subsection (b)(3) in research on prohibited harassment in employment, including retaliation related to such harassment, as a risk factor for various mental health problems; (E) gaps identified in the report required under subsection (b)(3) in research on sociocultural correlations within prohibited harassment in employment, including retaliation related to such harassment; and (F) systematic and quantifiable measures to evaluate prevention strategies for victims and perpetrators of prohibited harassment in employment, including retaliation related to such harassment. (2) Authorization of appropriations There are authorized to be appropriated to the National Institutes of Health to carry out this subsection such sums as may be necessary. C Preventing Harassment of Tipped Employees 121. Tipped employees (a) Base minimum wage for tipped employees and tips retained by employees Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A)(i) ) is amended to read as follows: (i) the cash wage paid such employee, which for purposes of such determination shall be not less than— (I) for the 1-year period beginning on the effective date under subsection (e), $3.60 an hour; (II) for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of— (aa) $1.50; or (bb) the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and (III) for each succeeding 1-year period after the increase made pursuant to subclause (II), the minimum wage in effect under section 6(a)(1); and . (b) Tips retained by employees Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ) is amended— (1) in the second sentence of the matter following clause (ii), by striking of this subsection, and all tips received by such employee have been retained by the employee and inserting of this subsection. Any employee shall have the right to retain any tips received by such employee ; and (2) by adding at the end the following: An employer shall inform each employee of the right and exception provided under the preceding sentence. . (c) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) Not later than 60 days prior to the effective date of any increase in the required wage determined in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage. . (d) Scheduled repeal of separate minimum wage for tipped employees (1) Tipped employees Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ), as amended by subsections (a) and (b), is further amended by striking the sentence beginning with In determining the wage an employer is required to pay a tipped employee, and all that follows through of this subsection. and inserting The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1). . (2) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ), as amended by subsection (c), is further amended by striking subsection (h). (3) Effective date The amendments made by paragraphs (1) and (2) shall take effect on the date that is one day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A)(i) ), as amended by subsection (a), takes effect. (e) Effective date Except as provided in subsection (d)(3), this section and the amendments made by this section shall take effect on the first day of the third month that begins after the date of enactment of this Act. II Strengthening Workplace Rights 201. Clarifying sexual orientation discrimination and gender identity discrimination are unlawful sex discrimination (a) Employment (1) Rules of construction Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 ( 42 U.S.C. 2000e ) the following: 701A. Rules of construction Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an unlawful practice shall be considered to be a reference to an unlawful employment practice . . (2) Unlawful employment practices Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended— (A) in the section header, by striking Sex, and inserting Sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; (B) except in subsections (e), (j) and (m), by striking sex, each place it appears and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; (C) in subsection (e)(1), by striking enterprise, and inserting enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity, ; (D) in subsection (h), by striking sex the second place it appears and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; (E) in subsection (j)— (i) by striking sex, the first place it appears and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (ii) by striking sex, the second and third places it appears and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (F) in subsection (m), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), . (3) Other unlawful employment practices Section 704(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3(b) ) is amended— (A) by striking sex, the first place it appears and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (B) by striking employment. and inserting employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity. . (4) Claims Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), . (5) Employment by Federal Government Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) is amended— (A) in subsection (a), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (B) in subsection (c), by striking sex and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), . (6) Government Employee Rights Act of 1991 The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) is amended— (A) in section 301(b), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; (B) in section 302(a)(1), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (C) by adding at the end the following: 305. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), national origin, age, or disability . . (7) Congressional Accountability Act of 1995 The Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) is amended— (A) in section 201(a)(1) ( 2 U.S.C. 1311(a)(1) ) by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (B) by adding at the end of title II ( 42 U.S.C. 1311 et seq. ) the following: 209. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), national origin, age, or disability . . (8) Civil Service Reform Act of 1978 Chapter 23 of title 5, United States Code, is amended— (A) in section 2301(b)(2), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; (B) in section 2302— (i) in subsection (b)(1)(A), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (ii) in subsection (d)(1), by striking sex, and inserting sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), ; and (C) by adding at the end the following: 2307. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), national origin, age, disability, marital status, or political affiliation . . (b) Miscellaneous Title XI of the Civil Rights Act of 1964 is amended— (1) by redesignating sections 1101 through 1104 ( 42 U.S.C. 2000h et seq. ) and sections 1105 and 1106 ( 42 U.S.C. 2000h–5 , 2000h–6) as sections 1102 through 1105 and sections 1108 and 1109, respectively; (2) by inserting after the title heading the following: 1101. Definitions and rules (a) Definitions In title VII: (1) Race; color; religion; sex; sexual orientation; gender identity; national origin The term race , color , religion , sex , or national origin , used with respect to an individual, includes— (A) the race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin, respectively, of another person with whom the individual is associated or has been associated; and (B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin, respectively, of the individual. (2) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) Including The term including means including, but not limited to, consistent with the term’s standard meaning in Federal law. (4) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (b) Rules In title VII— (1) with respect to sex, an individual's pregnancy, childbirth, or related medical condition shall not receive less favorable treatment than other physical conditions; and (2) with respect to gender identity, an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity. ; and (3) by inserting after section 1105 the following: 1106. Rules of construction (a) Sex Nothing in section 1101 or the provisions of title VII incorporating a term defined or a rule specified in that section shall be construed— (1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, a medical condition related to pregnancy or childbirth provided by section 701(k); or (2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than title VII, prohibiting a practice on the basis of sex. (b) Claims and remedies not precluded Nothing in section 1101 or title VII shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes ( 42 U.S.C. 1983 , 1985) or any other law, including a Federal law amended by the BE HEARD in the Workplace Act , regulation, or policy. (c) No negative inference Nothing in section 1101 or title VII shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, a medical condition related to pregnancy or childbirth, sexual orientation, gender identity, or a sex stereotype. 1107. Claims The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ) shall not provide a claim concerning, or a defense to a claim under, title VII, or provide a basis for challenging the application or enforcement of title VII. . 202. Covered employers Section 701(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ) is amended by striking fifteen and inserting one . 203. Compensatory and punitive damages available (a) Civil rights; disability (1) In general Section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ) is amended by striking paragraph (3) and inserting the following: (3) Losses Compensatory damages are available under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. . (2) Conforming amendments (A) Section 201(b) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(b) ) is amended, in paragraphs (1)(B) and (3)(B)— (i) by striking and, irrespective of the size of the employing office, 1977A(b)(3)(D) and inserting and 1977A(b)(3) ; and (ii) by striking and 1981a(b)(3)(D) and inserting and 1981a(b)(3) . (B) Section 411(b) of title 3, United States Code, is amended, in paragraphs (1)(B) and (3)(B), by striking and, irrespective of the size of the employing office, 1977A(b)(3)(D) and inserting and 1977A(b)(3) . (C) Section 207 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–16 ) is amended, in paragraph (3) of each of subsections (a) through (e), by striking , including the limitations contained in subsection (b)(3) of such section 1977A, . (b) Age Section 7(b) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(b) ) is amended— (1) by striking (b) The and all that follows through the third sentence and inserting the following: (b) (1) Except as otherwise provided in another subsection of this section, or section 9, the powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 , 2000e–5, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this Act provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of age in violation of section 4, or regulations promulgated under section 9. ; and (2) in the second sentence of that subsection (b), as amended by paragraph (1), by striking or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section and inserting and including any type of legal or equitable relief available under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) . 204. Harassment and discrimination; standards of proof (a) Findings Congress finds that— (1) harassment is a persistent and significant problem in the workplace in the United States; (2) workers are harassed because of their sex (including sexual orientation, gender identity, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth, and a sex stereotype), race, color, religion, national origin, age, disability, genetic information, and uniformed services status; (3) Congress enacted title VII of the Civil Rights Act of 1964 intending to provide broad protection from many forms of bias in the workplace; (4) the Supreme Court has recognized in City of Los Angeles Department of Water and Power v. Manhart, 435 U.S. 702 (1978), that the protection against sex discrimination in the terms, conditions, or privileges of employment under title VII of the Civil Rights Act of 1964 reflects Congress’ intent to strike at the entire spectrum of sex-based discrimination in employment; (5) in 1980, the Equal Employment Opportunity Commission (referred to in this section as the Commission ) amended its Guidelines on Discrimination Because of Sex (referred to in this section as the Guidelines ) to specify that sexual harassment is a form of sex discrimination prohibited by title VII of the Civil Rights Act of 1964; (6) in the Guidelines, the Commission explained that harassing conduct is unlawful where— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment ; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions ; or (C) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment ; (7) the Commission further explained that, with respect to the evidence required to support a finding of unlawful harassment, it will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred and emphasized that the determination of the legality of a particular action will be made from the facts, on a case by case basis ; (8) six years later, the Supreme Court in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), recognized that the protections under title VII of the Civil Rights Act of 1964 are not limited to discrimination that causes economic or tangible loss, and held that the phrase terms, conditions, or privileges of employment in title VII of such Act is an expansive concept that sweeps within its protective ambit the practice of creating a hostile work environment based on discrimination in the form of harassment; (9) in reaching this conclusion in the Meritor decision, the Supreme Court cited and approved the Guidelines; (10) in the Meritor decision, the Supreme Court cited with approval lower court decisions that concluded that a hostile work environment based on race, religion, or national origin violates the prohibition of discrimination in the terms, conditions, or privileges of employment under title VII of the Civil Rights Act of 1964, which decisions included— (A) Rogers v. EEOC, 454 F.2d 234 (5th Cir. 1971); (B) Firefighters Institute for Racial Equality v. City of St. Louis, 549 F.2d 506 (8th Cir. 1977); (C) Gray v. Greyhound Lines, 545 F.2d 169 (D.C. Cir. 1976); (D) Compston v. Borden, Inc., 424 F. Supp. 157 (S.D. Ohio 1976); and (E) Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87 (8th Cir. 1977); (11) in defining the evidence required to prove a violation of title VII of the Civil Rights Act of 1964, in the Meritor decision, the Supreme Court noted that harassment would be actionable when it is sufficiently severe or pervasive to alter the conditions of [the victim's] employment and create an abusive working environment (quoting Rogers v. EEOC, 454 F.2d 234 (5th Cir. 1971)); (12) in Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), the Supreme Court clarified that harassment need not seriously affect an employee’s psychological well-being or lead the employee to suffer injury in order to be unlawful, but rather, need merely create a work environment that a reasonable person in the protected class would find hostile or abusive; (13) in Harris v. Forklift Systems, Inc., the Supreme Court held that whether a work environment is unlawfully hostile or abusive does not depend on any mathematically precise test, but rather, is to be determined by looking at all of the circumstances, with no single factor required; (14) in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), the Supreme Court reaffirmed the Harris decision and further held that the hostility or abusiveness of each harassing act should be considered in the aggregate, not in isolation, regardless of whether such acts occur over days or even years; (15) notwithstanding the rulings of the Supreme Court specified in this subsection, some lower court decisions have treated harassing conduct’s severity or pervasiveness as the only 2 relevant factors in evaluating whether such conduct violates title VII of the Civil Rights Act of 1964; (16) some lower court decisions have treated severe or pervasive as a threshold for liability, when the relevant inquiry is whether the harassing conduct actually altered the terms, conditions, or privileges of employment; (17) some lower court decisions further have interpreted the severe or pervasive language in the Meritor decision so narrowly as to recognize only the most egregious conduct as unlawful, despite Congress’ intent that title VII of the Civil Rights Act of 1964 afford a broad scope of protection from discrimination; (18) examples of decisions that use the erroneous analysis described in paragraphs (15) through (17) in the context of harassment on the basis of sex include— (A) Singleton v. Department of Correctional Education, 115 Fed. Appx. 119 (4th Cir. 2004); (B) Black v. Zaring Homes, Inc., 104 F.3d 822 (6th Cir. 1997); (C) Weiss v. Coca-Cola Bottling Co., 990 F.2d 333 (7th Cir. 1993); (D) Rickard v. Swedish Match North America, Inc., 773 F.3d 181 (8th Cir. 2014); (E) Mitchell v. Pope, 189 F. Appx. 911 (11th Cir. 2006); and (F) Brooks v. City of San Mateo, 229 F.3d 917 (9th Cir. 2000); (19) lower courts have made similar erroneous decisions in the context of harassment on the basis of race, national origin, age, and disability such as in Crawford v. Medina General Hospital, 96 F.3d 830 (6th Cir. 1996), Shaver v. Independent Stave Co., 350 F.3d 716 (8th Cir. 2003), and Motley v. Parker-Hannifan Corp., No. 1: 94–CV–639 (W.D. Mich. 1995); (20) in contrast, other lower court decisions applying the Meritor case and its progeny have appropriately recognized that a wide range of harassing behavior may alter the terms, conditions, or privileges of employment, with no single type, frequency, or duration of conduct required to make a showing of severe or pervasive harassment; (21) for example, in the context of harassment based on sex, those decisions have recognized that— (A) conduct need not be physical to create a hostile or abusive work environment, as in Billings v. Town of Grafton, 515 F.3d 39 (1st Cir. 2008); (B) an individual need not be the target of sexually demeaning conduct in order to experience unlawful harassment, as in Petrosino v. Bell Atlantic, 385 F.3d 210 (2d Cir. 2004); (C) power disparities, such as the young age of the individual harassed, compound the conduct’s harmful effects, as in EEOC v. R&R Ventures, 244 F.3d 334 (4th Cir. 2001); (D) gender-based epithets were based on sex and supported a finding that the workplace was objectively hostile, as in Gallagher v. C.H. Robinson Worldwide, Inc., 567 F.3d 263 (6th Cir. 2009); and (E) a single incident can alter the terms, conditions, or privileges of employment, as in Howley v. Town of Stratford, 217 F.3d 141 (2d Cir. 2000); (22) similarly, in the context of harassment based on other protected characteristics, other courts have appropriately held that— (A) calling an individual an old man and pops could contribute to actionably hostile work environment based on age, as in Dediol v. Best Chevrolet, Inc., 655 F.3d 435 (5th Cir. 2011); (B) repeatedly calling an individual with mental illness crazy and stating that the individual is a threat to security is sufficient to support a finding of a hostile work environment based on disability, as in Quiles-Quiles v. Henderson, 439 F.3d 1 (1st Cir. 2006); and (C) a single incident of calling an African-American individual the n word by a supervisor is sufficient to support a finding of a hostile work environment based on race, as in Rodgers v. Western-Southern Life Insurance Co., 12 F.3d 668 (7th Cir. 1993); and (23) similar erroneous decisions have been rendered in the context of harassment on the basis of sex in employment under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), as in Farmer v. Troy University, No. 5:17–CV–70–B0 (E.D.N.C. 2017). (b) Purposes The purposes of this section are to— (1) enact into statutory law provisions that establish that workplace harassment is a violation of the— (A) protections from discrimination in the terms, conditions, or privileges of employment found in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (B) protections from disability discrimination found in title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. ) and sections 501 and 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 , 794a); (C) protections from age discrimination found in the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); (D) protections from genetic information discrimination found in title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ); and (E) protections from uniformed services status discrimination found in section 4311 of title 38, United States Code; and (2) establish a liability standard for workplace harassment that fulfills Congress’ intent of providing broad protection from discrimination in employment on the basis of race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), national origin, age, disability, genetic information, and uniformed services status. (c) Enacting into statutory law provisions establishing workplace harassment as an unlawful employment practice (1) Civil Rights Act of 1964 Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by adding at the end the following: (o) (1) (A) In this subsection, the term workplace harassment means conduct based on race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin, regardless of whether it is direct or indirect, or verbal or nonverbal, that unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment. (B) (i) In this subsection, the term also means sexual harassment, which is conduct that takes place in a circumstance described in clause (ii) and that takes the form of— (I) a sexual advance; (II) a request for sexual favors; or (III) any other conduct of a sexual nature. (ii) A circumstance described in this clause is a situation in which— (I) submission to the conduct involved is made either explicitly or implicitly a term or condition of employment; (II) submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual’s employment; or (III) such conduct unreasonably alters an individual's terms, conditions, or privileges of employment, including by creating an intimidating hostile, or offensive work environment. (2) It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment. (3) In determining, for purposes of this subsection, whether conduct constitutes workplace harassment because the conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment, the following rules shall apply: (A) That determination shall be made on the basis of the record as a whole, according to the totality of the circumstances. A single incident may constitute workplace harassment. (B) Incidents that may be workplace harassment shall be considered in the aggregate, with— (i) conduct of varying types (such as expressions of sex-based hostility, requests for sexual favors, and denial of employment opportunities due to sexual orientation) viewed in totality, rather than in isolation; and (ii) conduct based on multiple protected characteristics (such as sex and race) viewed in totality, rather than in isolation. (C) The factors specified in this subparagraph are among the factors to be considered in determining whether conduct constitutes workplace harassment and are not meant to be exhaustive. No one of those factors shall be considered to be determinative in establishing whether conduct constitutes workplace harassment. Such factors are each of the following: (i) The frequency of the conduct. (ii) The duration of the conduct. (iii) The location where the conduct occurred. (iv) The number of individuals engaged in the conduct. (v) The nature of the conduct, which may include physical, verbal, pictorial, or visual conduct, and conduct that occurs in person or is transmitted, such as electronically. (vi) Whether the conduct is threatening. (vii) Any power differential between the alleged harasser and the person allegedly harassed. (viii) Any use of epithets, slurs, or other conduct that is humiliating or degrading. (ix) Whether the conduct reflects stereotypes about individuals in the protected class involved. (4) In determining, for purposes of this subsection, whether conduct constitutes workplace harassment, conduct may be workplace harassment regardless of whether, for example— (A) the complaining party is not the individual being harassed; (B) the complaining party acquiesced or otherwise submitted to, or participated in, the conduct; (C) the conduct is also experienced by others outside the protected class involved; (D) the complaining party was able to continue carrying out duties and responsibilities of the party's job despite the conduct; (E) the conduct did not cause a tangible injury or psychological injury; or (F) the conduct occurred outside of the workplace. . (2) Americans with Disabilities Act of 1990 Section 102(b) of the Americans with Disabilities Act ( 42 U.S.C. 12112(b) ) is amended— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by striking the period and inserting ; and ; and (C) by adding at the end the following: (8) engaging in workplace harassment, which is conduct based on disability, regardless of whether it is direct or indirect, or verbal or nonverbal, that— (A) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and (B) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . (3) Rehabilitation Act of 1973 Section 501(f) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(f) ) is amended by inserting , including section 102(b) of that Act ( 42 U.S.C. 12112(b) ) , before and the provisions . (4) Age Discrimination in Employment Act Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by adding at the end the following: (n) It shall be unlawful under subsection (a) to engage in workplace harassment, which is conduct based on age, regardless of whether it is direct or indirect, or verbal or nonverbal, that— (1) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . (5) Genetic Information Nondiscrimination Act of 2008 Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ) is amended by adding at the end the following: (d) Workplace harassment It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on genetic information, regardless of whether it is direct or indirect, or verbal or nonverbal, that— (1) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . (6) Chapter 43 of title 38, United States Code Section 4311 of title 38, United States Code, is amended by adding at the end the following: (e) It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on uniformed services status (meaning the membership, application for membership, performance of service, application for service, or obligation, described in subsection (a)), regardless of whether it is direct or indirect, or verbal or nonverbal, that— (1) unreasonably alters an individual’s benefits of employment, including by creating an intimidating, hostile, or offensive work environment; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . 205. Clarifying other standards of proof (a) Amendments to definitions (1) Americans with Disabilities Act of 1990 Section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) is amended by adding at the end the following: (11) Demonstrates The term demonstrates means meets the burdens of production and persuasion. . (2) Age Discrimination in Employment Act of 1967 Section 11 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 630 ) is amended by adding at the end the following: (m) The term demonstrates means meets the burdens of production and persuasion. . (3) Genetic Information Nondiscrimination Act of 2008 Section 201 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff ) is amended by adding at the end the following: (8) Demonstrates The term demonstrates means meets the burdens of production and persuasion. . (b) Clarifying prohibition against impermissible consideration in employment practices (1) Race, color, religion, sex, or national origin Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by striking subsection (m) and inserting the following: (m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice. . (2) Disability Section 102 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112 ) is amended by adding at the end the following: (e) Proof (1) Establishment Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party— (A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and (B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Age Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by inserting after subsection (f) the following: (g) (1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. (2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party— (A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and (B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice. . (4) Genetic information Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ), as amended by section 204(c)(5), is further amended by adding at the end the following: (e) Proof (1) Establishment Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that genetic information or an activity protected by section 207(f) was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing an unlawful employment practice under paragraph (1) or by any other method of proof, a complaining party— (A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful employment practice occurred under this title; and (B) shall not be required to demonstrate that genetic information or an activity protected by section 207(f) was the sole cause of an employment practice. . (c) Certain retaliation claims (1) Americans with Disabilities Act of 1990 Section 503(c) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203(c) ) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain antiretaliation claims Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I. . (2) Age Discrimination in Employment Act of 1967 Section 4(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d) ) is amended— (A) by striking (d) It shall be and inserting (d)(1) It shall be ; and (B) by adding at the end the following: (2) Section 7(b)(2) shall apply to claims under section 4(g)(1). . (3) Genetic Information Nondiscrimination Act of 2008 Section 207(f) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6(f) ) is amended— (A) by striking No and inserting the following: (1) In general No ; (B) in the second sentence, by striking The remedies and inserting Except as provided in paragraph (2), the remedies ; and (C) by adding at the end the following: (2) Certain retaliation claims Subsection (g) shall apply to claims under section 202(d)(1). . (d) Remedies (1) Americans with Disabilities Act of 1990 Section 107 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117 ) is amended by adding at the end the following: (c) Discriminatory motivating factor On a claim in which an individual proves a violation under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and (2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. . (2) Age Discrimination in Employment Act of 1967 Section 7 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626 ) is amended— (A) in subsection (b), as amended by section 203(b)— (i) in the second sentence, by striking In and inserting Subject to paragraph (2), in ; (ii) in the third sentence, by striking Before and inserting the following: (3) Before ; and (iii) by inserting before paragraph (3), as designated by clause (ii), the following: (2) On a claim in which an individual proves a violation under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and (B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. ; and (B) in subsection (c)— (i) in paragraph (1), by striking Any and inserting Subject to subsection (b)(2), any ; and (ii) in paragraph (2), by striking of any issue of fact and all that follows through the period and inserting under the same circumstances as a trial by jury is available under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ). . (3) Genetic Information Nondiscrimination Act of 2008 Section 207 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6 ) is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: (g) Motivating factor On a claim in which an individual proves a violation under section 202(e)(1), including a claim involving an employee or applicant described in any of subsections (a) through (e), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court or the corresponding decisionmaker specified in subsections (a) through (e)— (1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 202(d)(1); and (2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. . (e) Federal employees (1) Title VII of the Civil Rights Act of 1964 Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) is amended by adding at the end the following: (g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section. . (2) Rehabilitation Act of 1973 The amendment made by subsection (f) to section 501(f) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(f) ) shall be construed to apply to all employees covered by section 501 of that Act ( 29 U.S.C. 791 ). (3) Age Discrimination in Employment Act of 1967 Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) is amended— (A) in subsection (a)— (i) by striking States) in and inserting States) shall be made free from any discrimination based on age, in— ; (ii) by striking military departments and inserting the following: (1) military departments ; (iii) by striking Code, in executive agencies and inserting the following: “Code; (2) executive agencies ; (iv) by striking funds), in the United States Postal and inserting the following: “funds); (3) the United States Postal ; (v) by striking Commission, in those units and inserting the following: “Commission; (4) those units ; (vi) by striking competitive service, and in those units and inserting the following: “competitive service; (5) those units ; (vii) by striking competitive service, in the Smithsonian and inserting “competitive service; (6) the Smithsonian ; (viii) by striking Institution, and in the Government and inserting “Institution; (7) the Government ; (ix) by striking Printing Office, the General and inserting “Printing Office; (8) the General ; (x) by striking Office, and the Library and inserting “Office; and (9) the Library ; and (xi) by striking of Congress and all that follows and inserting of Congress. ; (B) in subsection (b), by striking the first, second, third, fourth, and sixth sentences; (C) in subsection (c), by striking Any person and inserting Notwithstanding any other provision of this Act, any person ; (D) by striking subsection (g) and inserting the following: (g) Except as otherwise provided in another subsection of this section, section 7, or section 9, the powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of subsection (a) against an employee or applicant for employment described in subsection (a). ; and (E) by adding at the end the following: (h) Section 4(g) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section. . (f) Additional amendments to the Rehabilitation Act of 1973 Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(f) , 793(d), and 794(d)), are each amended by adding after the words title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. ) the following: , including the standards of causation and methods of proof applied under section 102(e) of that Act ( 42 U.S.C. 12112(e) ), . (g) Other Government employees (1) Congressional Accountability Act of 1995 Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— (A) in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) and inserting sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(g) , 633a) ; and (B) in subsection (b)— (i) in paragraph (2)(A), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(c) ) and inserting section 4(d)(2), paragraphs (1) and (2) of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d)(2) , 626(b), 633a(c)) ; and (ii) in paragraph (3)(A), by striking section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ) and inserting subsections (a) and (c) of section 107, and section 503(c)(2), of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117 , 12203) . (2) Title 3, United States Code Section 411 of title 3, United States Code, is amended— (A) in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 and inserting sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ; and (B) in subsection (b)— (i) in paragraph (2)(A), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 and inserting section 4(d)(2), paragraphs (1) and (2) of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ; and (ii) in paragraph (3)(A), by striking section 107(a) of the Americans with Disabilities Act of 1990 and inserting subsections (a) and (c) of section 107, and section 503(c)(2), of the Americans with Disabilities Act of 1990 . (3) Government Employee Rights Act of 1991 Section 302 of the Government Employee Rights Act of 1991 ( 42 U.S.C. 2000e–16b ) is amended— (A) in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) and inserting sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(g) , 633a) ; and (B) in subsection (b)— (i) in paragraph (1), by inserting (and, in the case of a violation of subsection (a)(3), sections 107(c) and 503(c)(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(c) , 12203(c)(2))) before , and ; and (ii) in paragraph (2), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(c) ) and inserting section 4(d)(2), paragraphs (1) and (2) of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d)(2) , 626(b), 633a(c)) . (h) Application This section, and the amendments made by this section, shall apply to all claims pending on or after the date of enactment of this Act. 206. Supervisor liability (a) Amendment to Title VII of the Civil Rights Act of 1964 (1) Standard for employer liability for hostile work environment Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ), as amended by 204(c)(1), is further amended by adding at the end the following: (p) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (2) Standard for employer liability for retaliatory hostile work environment Section 704 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 ), as amended by section 201(a)(3), is further amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following: (b) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes an unlawful employment practice as described under subsection (a) if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (3) Federal employees Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ), as amended by section 205(e)(1), is further amended by adding at the end the following: (h) The provisions of sections 703(p) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section. . (b) Amendment to the Age Discrimination in Employment Act of 1967 (1) Standard for employer liability for hostile work environment Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ), as amended by section 204(c)(4), is further amended by adding at the end the following: (o) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that is unlawful under this section if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (2) Standard for employer liability for retaliatory hostile work environment Section 4(d)(1) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d)(1) ), as amended by section 205(c)(2), is further amended by striking or litigation under this Act. and inserting “or litigation under this Act. Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that is unlawful under this subsection if, at the time of the harassment— (A) such individual was authorized by that employer— (i) to undertake or recommend tangible employment actions affecting the employee; or (ii) to direct the employee’s daily work activities; or (B) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (3) Federal employees Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ), as amended by section 205(e)(3), is further amended by adding at the end the following: (i) Subsections (d) and (o) of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section. . (c) Amendment to the Americans with Disabilities Act of 1990 (1) Standard for employer liability for hostile work environment Section 102 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112 ), as amended by section 205(b)(2), is further amended by adding at the end the following: (f) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes discrimination against a qualified individual on the basis of disability under this section if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual; or (B) to direct the qualified individual’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (2) Standard for employer liability for retaliatory hostile work environment Section 503 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203 ) is amended— (A) by redesignating subsection (c) as subsection (d); (B) by inserting after subsection (b) the following: (c) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes retaliatory discrimination, as described in subsection (a), or the carrying out of any unlawful acts described in subsection (b), if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. ; and (C) in subsection (d), as redesignated by subparagraph (A), by striking subsections (a) and (b) and inserting subsections (a), (b), and (c) . (d) Amendment to the Rehabilitation Act of 1973 (1) Standard for employer liability for hostile work environment and retaliatory hostile work environment Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) is amended by adding at the end the following: (h) Subject to section 206(j) of the BE HEARD in the Workplace Act , each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment— (1) such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution— (A) to undertake or recommend tangible employment actions affecting the individual with a disability; or (B) to direct the daily work activities of the individual with a disability; or (2) the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (2) Standard for employer liability for hostile work environment and retaliatory hostile work environment Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: (e) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer described under subsection (b) shall be liable for the acts of any individual whose harassment of a qualified individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes employment discrimination under this section if, at the time of the harassment— (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or (B) to direct the daily work activities of the qualified individual with a disability; or (2) the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (3) Remedies Section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ) is amended by adding at the end of subsection (a) the following: (3) Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section. . (e) Amendment to Section 1977 of the Revised Statutes Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ) is amended by adding at the end the following: (d) Subject to section 206(j) of the BE HEARD in the Workplace Act , a nongovernmental employer shall be liable for the acts of any individual whose harassment of an employee has created a hostile work environment or a retaliatory hostile work environment, constituting an unlawful employment practice, if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (f) Amendment to the Genetic Information Nondiscrimination Act of 2008 (1) Standard for employer liability for hostile work environment Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ), as amended by sections 204(c)(5) and 205(b)(4), is further amended by adding at the end the following: (f) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (2) Standard for employer liability for retaliatory hostile work environment Section 207(f)(1) of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6(f)(1) ), as amended by section 205(c)(2), is further amended by striking violations of this subsection. and inserting “violations of this subsection. Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes discrimination under this subsection if, at the time of the harassment— (A) such individual was authorized by the employer— (i) to undertake or recommend tangible employment actions affecting the employee; or (ii) to direct the employee’s daily work activities; or (B) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (g) Amendment to the Government Employee Rights Act of 1991 Section 302 of the Government Employee Rights Act of 1991 ( 42 U.S.C. 2000e–16b ) is amended by adding at the end the following: (c) Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer of an individual described under section 304(a) shall be liable for the acts of any individual whose harassment of a State employee described in section 304 has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section, if at the time of the harassment— (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (h) Amendment to Title 3, United States Code Section 411 of title 3, United States Code, is amended— (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; (2) by inserting after subsection (b) the following: (c) Liability of employing office Subject to section 206(j) of the BE HEARD in the Workplace Act , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section if, at the time of the harassment— (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. ; and (3) in subsection (f), as redesignated by paragraph (1), by striking subsections (a) through (c) and inserting subsections (a) through (d). . (i) Amendment to the Congressional Accountability Act of 1995 Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— (1) by striking subsection (e); and (2) by adding at the end the following: (e) Outside individuals Subject to section 206(j) of the BE HEARD in the Workplace Act , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment— (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (j) Rule of construction Nothing in this section shall be construed to limit the availability of, or access to, defenses available under the law. (k) Application This section, and the amendments made by this section, shall apply to all claims pending on or after the date of enactment of this Act. 207. Extending the statutes of limitations (a) Civil Rights Act of 1964; Americans with Disabilities Act of 1990; Genetic Information Nondiscrimination Act of 2008 Section 706 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 ) is amended— (1) in subsection (e)— (A) in paragraph (1)— (i) by striking one hundred and eighty days after the alleged unlawful employment practice occurred and inserting 4 years after the alleged unlawful employment practice occurred. ; and (ii) by striking three hundred days after the alleged unlawful employment practice occurred and inserting 4 years and 120 days after the alleged unlawful employment practice occurred. ; and (B) in paragraph (3)(B), by striking two years preceding the filing of the charge and all that follows and inserting 4 years and 120 days preceding the filing of the charge. ; and (2) in subsection (g)(1), by striking two years prior to the filing of a charge and inserting 4 years and 120 days preceding the filing of the charge . (b) Age Discrimination in Employment Act of 1967 Section 7(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(d) ) is amended— (1) in the second sentence, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking (d) and all that follows through No and inserting (d)(1) No ; and (3) in paragraph (1), as designated by paragraph (2) of this subsection— (A) by striking Secretary. Such and inserting Secretary, and such ; (B) in subparagraph (A), by striking 180 days after the alleged unlawful practice occurred and inserting 4 years after the alleged unlawful practice occurred ; and (C) in subparagraph (B), by striking 300 days after the alleged unlawful practice occurred and inserting 4 years and 120 days after the alleged unlawful practice occurred . 208. Extending the time limitations on Federal employees filing a complaint (a) In general The Equal Employment Opportunity Commission (referred to in this section as the Commission ) shall ensure that a covered Federal employee shall not be required to take any action necessary to bring a complaint to the department, agency, unit, or instrumentality involved prior to 4 years from the date of the matter alleged to be discriminatory or, in the case of personnel action, 4 years from the effective date of the personnel action. (b) Covered employees and complaints In this section, the term covered Federal employee means— (1) an employee or applicant to whom section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies, in the case of a complaint brought under section 717 of that Act ( 42 U.S.C. 2000e–16 ); (2) an employee or applicant to whom section 15(a) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(a) ) applies, in the case of a complaint brought under section 15 of that Act ( 29 U.S.C. 633a ); (3) an employee or applicant to whom section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) applies, in the case of a complaint brought to enforce that section under section 505 of that Act ( 29 U.S.C. 794a ); and (4) an employee or applicant described in section 201(2)(A)(v) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff(2)(A)(v) ), in the case of a complaint brought to enforce title II of that Act ( 42 U.S.C. 2000ff et seq. ) under section 207(e) of that Act ( 42 U.S.C. 2000ff–6(e) ). III Broadening Protections and Ensuring Transparency 301. Independent contractors, interns, fellows, volunteers, and trainees (a) Covered employer or entity All protections afforded to an employee or individual under a provision that consists of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.), the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ), subchapter II of chapter 5 of title 3, United States Code, the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ), title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. , 12203), sections 501 and 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 , 794a), section 6(d) of the Fair Labor Standards Act of 1938 (commonly known as the Equal Pay Act of 1963 ) ( 29 U.S.C. 206(d) ), title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ), and section 4311 of title 38, United States Code, shall be afforded, in the same manner and to the same extent, to— (1) an individual who is engaged by an employer or entity covered by that provision (referred to in this subsection as a covered employer or entity ) as an independent contractor (regardless of business structure, including organization as a legal or commercial entity) or as an intern, fellow, volunteer, or trainee, whether or not the individual receives compensation, academic credit, or other remuneration from the covered employer or entity; or (2) an individual who applies or seeks to become such an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee, for the covered employer or entity. (b) Covered establishments (1) Definition In this subsection, the term covered establishment means an individual or entity that— (A) is not acting as an employer or entity covered by a provision specified in subsection (a); and (B) engages the services (including soliciting such services) of an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee by means of an instrument of transportation or communication in interstate commerce, or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services. (2) Protections All protections afforded to an employee or individual under a provision that consists of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990, section 6(d) of the Fair Labor Standards Act of 1938, title II of the Genetic Information Nondiscrimination Act of 2008, and section 4311 of title 38, United States Code, shall be afforded, in the same manner and to the same extent that the provision covers an individual described in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ), to— (A) an individual who is engaged by a covered establishment as an independent contractor (regardless of business structure, including organization as a legal or commercial entity) or as an intern, fellow, volunteer, or trainee, whether or not the individual receives compensation, academic credit, or other remuneration from the covered establishment; or (B) an individual who applies or seeks to become such an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee, for the covered establishment. (c) Domestic service For purposes of the provisions listed in subsection (a) and the provisions of this Act, an individual or entity who engages the services (by means of an instrument of transportation or communication in interstate commerce, or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services) of a person in domestic service in a household, as an employee, or as an independent contractor, intern, fellow, volunteer, or trainee, referred to in subsection (a) or (b) shall be considered to be engaged in interstate commerce. (d) Rule of construction Nothing in this section shall be construed to limit the individuals protected under any provision described in subsection (a). (e) Interstate commerce In this section, the term interstate commerce means Commerce (as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) among the several States. 302. Nondisclosure agreements (a) Definitions In this section: (1) Commission The term Commission means the Equal Employment Opportunity Commission. (2) Covered establishment The term covered establishment has the meaning given the term in section 301. (3) Covered individual The term covered individual means— (A) in the case of an individual required to be afforded protections under section 301(a)— (i) an individual required to be afforded those protections by an employer described in paragraph (5)(A); (ii) an individual required to be afforded those protections by an employer described in paragraph (5)(B); (iii) an individual required to be afforded those protections by an employer described in paragraph (5)(C); (iv) an individual required to be afforded those protections by an employer described in paragraph (5)(D); or (v) an individual required to be afforded those protections by an employer described in paragraph (5)(E); and (B) in the case of an individual required to be afforded protections under section 301(b) by a covered establishment, that individual. (4) Employee The term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); (B) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), including an individual treated as a covered employee under that section; (D) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; or (E) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (5) Employer The term employer means— (A) an employer (as defined in section 701(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) )); (B) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (C) an employing office, as defined in section 101(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301(a) ); (D) an employing office, as defined in section 411(c) of title 3, United States Code; or (E) an entity to which section 717(a) of the Civil Rights Act of 1964 applies. (6) Nondisclosure clause The term nondisclosure clause means a provision in a contract or agreement establishing that each party to the contract or agreement agrees not to disclose information covered by the terms and conditions of the contract or agreement. (7) Nondisparagement clause The term nondisparagement clause means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about another such party. (8) Worker The term worker means an employee or a covered individual. (b) Unlawful practices (1) Nondisparagement and nondisclosure clauses Subject to paragraph (3), it shall be an unlawful practice for an employer to enter into a contract or agreement with a worker, or for a covered establishment to enter into a contract or agreement with a covered individual, as a condition of employment or contracting, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment or contracting, if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. (2) Prohibition on enforcement Subject to paragraph (3) but notwithstanding any other provision of law, it shall be an unlawful practice for an employer or covered establishment to enforce or attempt to enforce a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. An employer or covered establishment that enforces or attempts to enforce such a nondisparagement clause or such a nondisclosure clause against a worker shall be liable for the reasonable attorney’s fees and costs of the worker. (3) Settlement or separation agreements (A) In general The provisions of paragraphs (1) and (2) do not apply to a nondisparagement clause or nondisclosure clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes if— (i) such legal claims accrued or such disputes arose before the settlement agreement or separation agreement was executed; (ii) the clause involved is mutually agreed upon by and mutually benefits both— (I) the employer or covered establishment, as the case may be; and (II) the worker; (iii) the worker's agreement to such clause is knowing and voluntary, as described in subparagraph (C); and (iv) the settlement agreement or separation agreement expressly states that the agreement involved does not prohibit, prevent, or otherwise restrict a worker from— (I) filing a complaint with the Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment or contracting, as the case may be, or law enforcement; (II) testifying at, assisting, or participating in an investigation or proceeding conducted by the Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment or contracting, as the case may be, or law enforcement; or (III) testifying in a hearing or trial or complying with a request for discovery in relation to civil litigation. (B) Prohibition on sole benefit For purposes of this paragraph, it shall be an unlawful practice for an employer or covered establishment to unilaterally include a nondisparagement clause or nondisclosure clause that solely benefits the employer or covered establishment in a separation or settlement agreement. (C) Knowing and voluntary agreement For purposes of this paragraph, agreement to a nondisparagement clause or nondisclosure clause may not be considered knowing and voluntary unless at a minimum— (i) the nondisparagement clause or nondisclosure clause is written in a manner designed to ensure that the worker understands the content of the clause involved; (ii) the nondisparagement clause or nondisclosure clause is included only in exchange for consideration of value provided to the worker, in addition to anything of value to which the worker is already entitled; (iii) the nondisparagement clause or nondisclosure clause does not apply to any rights or claims that arise after the date the settlement or separation agreement is executed; (iv) the worker is advised in writing to consult with an attorney prior to agreeing to such an agreement that includes a nondisparagement clause or nondisclosure clause; (v) the worker is given a period of at least 21 days to consider any proposal for a settlement or separation agreement that includes a nondisparagement clause or nondisclosure clause; and (vi) the settlement or separation agreement provides that for a period of at least 7 days following the execution of such agreement the worker may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired. (D) Burden of proof In any dispute that may arise over whether any of the requirements of subparagraph (A) have been met, the party asserting the validity of an agreement shall have the burden of proving that the requirements of subparagraph (A) have been met. (E) Participation in investigations or proceedings No nondisparagement clause or nondisclosure clause may affect the ability of a worker to testify at, assist, or participate in an investigation or proceeding conducted by the Commission, any Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination in employment or contracting, as the case may be, or a law enforcement agency. (F) Prohibition on damages Under no circumstances shall a worker be required to pay damages for breach of a nondisparagement clause or nondisclosure clause permitted by this paragraph in excess of an amount equal to the consideration of value provided to the worker in exchange for the workers’ agreement to the nondisparagement clause or nondisclosure clause. (c) Enforcement against employers (1) Enforcement powers With respect to the administration and enforcement of this section in the case of a claim alleged by a worker against an employer for a violation of this section— (A) the Commission shall have the same powers as the Commission has to administer and enforce— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (ii) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of a claim alleged by an employee of the employer for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (B) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (C) the Board (as defined in section 101(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301(a) )) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by an employee of the employer for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); (D) the Attorney General shall have the same powers as the Attorney General has to administer and enforce— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (ii) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of a claim alleged by an employee of the employer for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (E) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of section 411 of such title; and (F) a court of the United States shall have the same jurisdiction and powers as the court has to enforce— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (ii) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of a claim alleged by an employee of the employer for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)); (iii) the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by an employee of the employer for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); and (iv) chapter 5 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of section 411 of such title. (2) Procedures and remedies The procedures and remedies applicable to a claim alleged by a worker against the employer for a violation of this section are— (A) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (B) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in the case of a claim alleged by an employee of the employer for a violation of such section; (C) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by an employee of the employer for a violation of such section; and (D) the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of such section. (3) Other applicable provisions With respect to a claim alleged by an employee described in subsection (a)(4)(C) or a covered individual described in subsection (a)(3)(A)(iii) for a violation of this section, title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. ) shall apply in the same manner as such title applies with respect to a claim alleged by such an employee for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ). (d) Enforcement against covered establishments (1) Enforcement powers With respect to the administration and enforcement of this section in the case of a claim alleged by a covered individual against a covered establishment for a violation of this section— (A) the Commission shall have the same powers as the Commission has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (B) the Attorney General shall have the same powers as the Attorney General has to administer and enforce title VII of the Civil Rights Act of 1964; and (C) a court of the United States shall have the same jurisdiction and powers as the court has to enforce title VII of the Civil Rights Act of 1964, in the case of a claim alleged by an employee described in subsection (a)(4)(A) for a violation of such title. (2) Procedures and remedies The procedures and remedies applicable to a claim alleged by a covered individual against the covered establishment for a violation of this section are the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee described in subsection (a)(4)(A) for a violation of such title. (e) Right To report reserved Notwithstanding signing (before, on, or after the effective date of this Act) any nondisparagement clause or nondisclosure clause, a worker retains— (1) any right that person would otherwise have had to report a concern about harassment, including sexual harassment, in employment or contracting or another violation of the law to the Commission, another Federal agency (including an office of the legislative or judicial branch), a State or local fair employment practices agency or any other State or local agency, or a law enforcement agency; and (2) any right that person would otherwise have had to bring an action in a court of the United States. (f) Regulations (1) In general Except as provided in paragraphs (2), (3), and (4), the Commission shall have authority to issue regulations to carry out this section. (2) Librarian of Congress The Librarian of Congress shall have authority to issue regulations to carry out this section with respect to workers of the Library of Congress. (3) Board The Board referred to in subsection (c)(1)(C) shall have authority to issue regulations to carry out this section, in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 ), with respect to employees described in subsection (a)(4)(C) and covered individuals described in subsection (a)(3)(A)(iii). (4) President The President shall have authority to issue regulations to carry out this section with respect to employees described in subsection (a)(4)(D) and covered individuals described in subsection (a)(3)(A)(iv). (g) State and Federal immunity (1) Abrogation of State immunity A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this section. (2) Waiver of State immunity (A) In general (i) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by a covered individual in that program or activity under this section for a remedy authorized under paragraph (4). (ii) Definition In this subparagraph, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). (B) Effective date With respect to a particular program or activity, subparagraph (A) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (3) Remedies against State officials An official of a State may be sued in the official capacity of the official by a covered individual who has complied with the applicable procedures of subsection (c), for equitable relief that is authorized under this section. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (4) Remedies against the United States and the States Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this section, remedies (including remedies at law and in equity, and interest) are available for the violation to the same extent as the remedies are available for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) by an employer described in subsection (a)(5)(A), except that— (A) punitive damages are not available; and (B) compensatory damages are available to the extent specified in section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). 303. Prohibition on mandatory arbitration and protection of concerted legal action (a) Protection of concerted activity (1) Agreements Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ) is amended— (A) in paragraph (5), by striking the period at the end and inserting ; and ; and (B) by adding at the end the following: (6) (A) to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, a worker (for purposes of this paragraph, as defined in section 401 of title 9, United States Code) undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of, or provision of services by, such worker in any forum that, but for such agreement, is of competent jurisdiction; (B) to coerce such worker into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of, or provision of services by, such worker; or (C) to retaliate or threaten to retaliate against a worker for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of, or provision or services by, such worker: Provided , That any agreement that violates this paragraph or results from a violation of this paragraph shall be to such extent unenforceable and void: Provided further , That this paragraph shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization. . (2) Conforming amendment Section 10(b) of the National Labor Relations Act ( 29 U.S.C. 160(b) ) is amended by striking discharge and inserting discharge, or unless the person aggrieved thereby is a worker alleging a violation of section 8(a)(6) whose charge involves a postdispute arbitration agreement that meets the requirements under section 402(a)(2) of title 9, United States Code, in which event the six-month period shall be computed from the day the waiting period described in subparagraph (C) of such section ends . (b) Arbitration of work disputes (1) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of Work Disputes Sec. 401. Definitions. 402. Validity and enforceability. 401. Definitions In this chapter— (1) the terms commerce , employee , and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); (2) the term covered entity means— (A) an employer; or (B) an individual or entity that is not acting as an employer and engages the services of a worker; (3) the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement; (4) the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement; (5) the term worker means— (A) an employee; or (B) an individual who is engaged by a covered entity to perform services or work as an independent contractor (regardless of the label or classification assigned or used by the covered entity); and (6) the term work dispute — (A) means a dispute between one or more workers (or their authorized representatives) and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity; and (B) includes— (i) a dispute regarding the terms of, payment for, advertising of, recruitment of, referring of, arranging for, or discipline or discharge in connection with work performed in connection with such work relationship; (ii) a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including any part of such a law not explicitly referenced in such section that relates to protecting individuals on a basis that is protected under a law referred to or described in such section; and (iii) a dispute in which an individual or individuals seek certification— (I) as a class under rule 23 of the Federal Rules of Civil Procedure; (II) as a collective action under section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ); or (III) under a comparable rule or provision of State law. 402. Validity and enforceability (a) In general Notwithstanding any other chapter of this title— (1) no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute; (2) no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless— (A) the agreement was not required by the covered entity, obtained by coercion or threat of adverse action, or made a condition of employment, work, or any employment-related or work-related privilege or benefit; (B) each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of— (i) the right of the worker under paragraph (3) to refuse to enter the agreement without retaliation; and (ii) the protections under section 8(a)(6) of the National Labor Relations Act ( 29 U.S.C. 158(a)(6) ); (C) each worker entering into the agreement entered the agreement after a waiting period of not fewer than 45 days, beginning on the date on which the employee was provided both the final text of the agreement and the disclosures required under subparagraph (B); and (D) each worker entering into the agreement affirmatively consented to the agreement in writing; and (3) no covered entity may retaliate or threaten to retaliate against a worker for refusing to enter into an agreement that provides for arbitration of a work dispute. (b) Statute of limitations During the waiting period described in subsection (a)(2)(C), the statute of limitations for any claims that arise from or form the basis for the applicable work dispute shall be tolled. (c) Civil action Any person who is injured by reason of a violation of subsection (a)(3) may bring a civil action in the appropriate district court of the United States against the covered entity within 2 years of the violation, or within 3 years if such violation is willful. Relief granted in such an action shall include a reasonable attorney’s fee, other reasonable costs associated with maintaining the action, and any appropriate relief authorized by section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ) or by section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). (d) Applicability (1) In general This chapter applies to covered entities and workers engaged in activity affecting commerce to the fullest extent permitted by the Constitution of the United States, including the work of persons engaged in domestic service in households, as described in section 2(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 202(a) ). An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. (2) Collective bargaining agreements Nothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, the constitution of a State, or a Federal or State statute, or public policy arising therefrom. . (2) Technical and conforming amendments (A) In general Title 9 of the United States Code is amended— (i) in section 1, by striking of seamen, and all that follows through interstate commerce ; (ii) in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end; (iii) 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 (iv) 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. . (B) Table of sections (i) 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. . (ii) 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. . (C) 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 work disputes 401. . (c) Effective date This section, and the amendments made by this section, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which an agreement predating such date applies. 304. Federal contractor compliance with civil rights laws (a) Definitions In this section: (1) Covered contract The term covered contract means a Federal contract for the procurement of property or services, including construction, valued in excess of $500,000. (2) Covered subcontract The term covered subcontract — (A) means a subcontract for property or services under a Federal contract that is valued in excess of $500,000; and (B) does not include a subcontract for the procurement of commercially available off-the-shelf items. (3) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (b) Required pre-Contract award actions (1) Disclosures The head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror— (A) to represent, to the best of the offeror’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the offeror in the preceding 3 years for violations of— (i) the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); (ii) the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ); (iii) the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ); (iv) the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (v) subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); (vi) chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ); (vii) Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal employment opportunity); (viii) section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ); (ix) section 4212 of title 38, United States Code; (x) the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ); (xi) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (xii) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); (xiii) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); (xiv) title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ); (xv) as applicable, Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors) or Executive Order 14026 (86 Fed. Reg. 22835; relating to increasing the minimum wage for Federal contractors); or (xvi) equivalent State laws, as defined in guidance issued by the Secretary of Labor; (B) to require each subcontractor for a covered subcontract— (i) to represent to the offeror, and the executive agency's Labor Compliance Advisor designated under subsection (d), to the best of the subcontractor’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the subcontractor in the preceding 3 years for violations of any of the labor laws listed under subparagraph (A); and (ii) to update such information every 6 months for the duration of the subcontract; and (C) to consider the advice rendered by the executive agency's Labor Compliance Advisor designated under subsection (d), or information submitted by a subcontractor pursuant to subparagraph (B), in determining whether the subcontractor is a responsible source with a satisfactory record of integrity and business ethics— (i) prior to awarding the subcontract; or (ii) in the case of a subcontract that is awarded or will become effective within 5 days of the prime contract being awarded, not later than 30 days after awarding the subcontract. (2) Pre-award corrective measures (A) In general A contracting officer, prior to awarding a covered contract, shall, as part of the responsibility determination, provide an offeror who makes a disclosure pursuant to paragraph (1) an opportunity to report any steps taken to correct the violations of or improve compliance with the labor laws listed in subparagraph (A) of such paragraph, including any agreements entered into with an enforcement agency. (B) Consultation The executive agency’s Labor Compliance Advisor designated under subsection (d), in consultation with relevant enforcement agencies, shall advise the contracting officer whether agreements are in place or are otherwise needed to address appropriate remedial measures, compliance assistance, steps to resolve issues to avoid further violations, or other related matters concerning the offeror. (C) Responsibility determination The contracting officer, in consultation with the executive agency’s Labor Compliance Advisor designated under subsection (d), shall consider information provided by the offeror under this subsection in determining whether the offeror is a responsible source with a satisfactory record of integrity and business ethics. The determination shall be based on the guidance reissued under subsection (e)(2)(A) and the final rule reissued under subsection (e)(1). (3) Referral of information to suspension and debarment officials As appropriate, contracting officers, in consultation with their executive agency’s Labor Compliance Advisor, shall refer matters related to information provided under subparagraphs (A) and (B) of paragraph (1) to the executive agency’s suspension and debarment official in accordance with agency procedures. (c) Post-Award contract actions (1) Information updates The contracting officer for a covered contract shall require that the contractor update the information provided under subparagraphs (A) and (B) of subsection (b)(1) every 6 months. (2) Corrective actions (A) Prime contract The contracting officer, in consultation with the Labor Compliance Advisor designated pursuant to subsection (d), shall determine whether any information provided under paragraph (1) warrants corrective action. Such action may include— (i) an agreement requiring appropriate remedial measures; (ii) compliance assistance; (iii) resolving issues to avoid further violations; (iv) the decision not to exercise an option on a contract or to terminate the contract; or (v) referral to the agency suspending and debarring official. (B) Subcontracts The prime contractor for a covered contract, in consultation with the Labor Compliance Advisor, shall determine whether any information provided under subsection (b)(1)(B) warrants corrective action, including remedial measures, compliance assistance, and resolving issues to avoid further violations. (C) Department of Labor The Secretary of Labor shall, as appropriate, inform executive agencies of its investigations of contractors and subcontractors on current Federal contracts for purposes of determining the appropriateness of actions described under subparagraphs (A) and (B). (d) Labor compliance advisors (1) In general Each executive agency shall designate a senior official to act as the agency’s Labor Compliance Advisor. (2) Duties The Labor Compliance Advisor shall— (A) meet quarterly with the Deputy Secretary, Deputy Administrator, or equivalent executive agency official with regard to matters covered under this section; (B) work with the acquisition workforce, agency officials, and agency contractors to promote greater awareness and understanding of the requirements of the labor laws listed in subsection (b)(1)(A), including record keeping, reporting, and notice requirements, as well as best practices for obtaining compliance with these requirements; (C) coordinate assistance for executive agency contractors seeking help in addressing and preventing violations of such laws; (D) in consultation with the Secretary of Labor or other relevant enforcement agencies, and pursuant to subsection (b)(2) as necessary, provide assistance to contracting officers regarding appropriate actions to be taken in response to violations of the labor laws listed in subsection (b)(1)(A) identified prior to or after contracts are awarded, and address complaints in a timely manner, by— (i) providing assistance to contracting officers and other executive agency officials in reviewing the information provided under paragraphs (1) and (2) of subsection (b) and subsection (c)(1), or other information indicating such a violation, in order to assess the serious, repeated, willful, or pervasive nature of any such violation and evaluate steps contractors have taken to correct such violations or improve compliance with relevant requirements; (ii) helping agency officials determine the appropriate response to address violations of the labor laws listed in subsection (b)(1)(A) or other information indicating such a violation (particularly a serious, repeated, willful, or pervasive violation), including an agreement requiring appropriate remedial measures, a decision not to award a contract or exercise an option on a contract, contract termination, or a referral to the executive agency suspension and debarment official; (iii) providing assistance to appropriate executive agency officials in receiving and responding to, or making referrals of, complaints alleging violations by agency contractors and subcontractors of the labor laws listed in subsection (b)(1)(A); and (iv) supporting contracting officers, suspension and debarment officials, and other agency officials in the coordination of actions taken pursuant to this subsection to ensure agency-wide consistency, to the extent practicable; (E) as appropriate, send information to agency suspension and debarment officials in accordance with agency procedures; (F) consult with the agency’s Chief Acquisition Officer and Senior Procurement Executive, and the Department of Labor as necessary, in the development of regulations, policies, and guidance addressing compliance by contractors and subcontractors with the labor laws listed in subsection (b)(1)(A); (G) make recommendations to the agency to strengthen agency management of contractor compliance with such labor laws; (H) publicly report, on an annual basis, a summary of agency actions taken to promote greater compliance with such laws, including the agency’s response under this section to serious, repeated, willful, or pervasive violations of such laws; and (I) participate in the interagency meetings regularly convened by the Secretary of Labor under subsection (e)(2)(B)(iii). (e) Measures To ensure Governmentwide consistency (1) Federal acquisition regulation (A) In general Notwithstanding the Joint Resolution disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation ( Public Law 115–11 ; 131 Stat. 75) and section 553 of title 5, United States Code, not later than 1 year after the date of enactment of this Act, the Secretary of Defense, the Administrator of the General Services Administration, and the Administrator of the National Aeronautics and Space Administration shall reissue the final rule entitled Federal Acquisition Regulation; Fair Pay and Safe Workplaces (81 Fed. Reg. 58562 (Aug. 25, 2016)), subject to subparagraph (B). (B) Updated dates The agencies described in subparagraph (A) may, in reissuing the final rule under such subparagraph— (i) update any date provided in such final rule as reasonable and necessary; and (ii) revise any provision in such rule for consistency with the requirements of this section. (2) Department of Labor (A) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall reissue the guidance entitled Guidance for Executive Order 13673, Fair Pay and Safe Workplaces (81 Fed. Reg. 58654 (Aug. 25, 2016)). In reissuing such guidance, the Secretary of Labor may— (i) update any date provided in such guidance as reasonable and necessary; and (ii) revise any provision in such guidance for consistency with the requirements of this section. (B) Additional activities The Secretary of Labor shall— (i) develop a process— (I) for the Labor Compliance Advisors designated pursuant to subsection (d) to consult with the Secretary of Labor in carrying out their responsibilities under subsection (d)(2)(D); (II) by which contracting officers and Labor Compliance Advisors may give appropriate consideration to determinations and agreements made by the Secretary of Labor and the heads of other executive agencies; and (III) by which contractors may enter into agreements with the Secretary of Labor, or the head of another executive agency, prior to being considered for a contract; (ii) review data collection requirements and processes, and work with the Director of the Office of Management and Budget, the Administrator of General Services, and other agency heads to improve such requirements and processes, as necessary, to reduce the burden on contractors and increase the amount of information available to executive agencies; (iii) regularly convene interagency meetings of Labor Compliance Advisors to share and promote best practices for improving labor law compliance; and (iv) designate an appropriate contact for executive agencies seeking to consult with the Secretary of Labor with respect to the requirements and activities under this section. (3) Office of Management and Budget The Director of the Office of Management and Budget shall— (A) work with the Administrator of General Services to include in the Federal Awardee Performance and Integrity Information System the information provided by contractors pursuant to subsections (b)(1)(A) and (c)(1) and data on the resolution of any issues related to such information; and (B) designate an appropriate contact for agencies seeking to consult with the Office of Management and Budget on matters arising under this section. (4) General Services Administration (A) In general The Administrator of General Services, in consultation with other relevant executive agencies, shall establish a single Internet website for Federal contractors to use for all Federal contract reporting requirements under this section, as well as any other Federal contract reporting requirements to the extent practicable. (B) Agency cooperation The heads of executive agencies with covered contracts shall provide the Administrator of General Services with the data necessary to maintain the Internet website established under subparagraph (A). (5) Minimizing compliance burden After reissuing the guidance under paragraph (2)(A) or the final rule under paragraph (1), the Secretary of Labor or the Secretary of Defense, the Administrator of the General Services Administration, and the Administrator of the National Aeronautics and Space Administration may, respectively, amend such guidance or final rule consistent with the requirements under chapter 5 of title 5, United States Code. (f) Implementing regulations Not later than 9 months after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of this section. (g) Rules of construction Nothing in this section shall be construed as— (1) impairing or otherwise affecting the authority granted by law to an executive agency or the head thereof; or (2) impairing or otherwise affecting the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. IV Nationwide Grants To Prevent and Respond to Workplace Harassment 401. Definitions In this title: (1) Commission The term Commission means the Equal Employment Opportunity Commission. (2) Employee The term employee has the meaning given the term in section 302(a)(4). (3) Employment discrimination The term employment discrimination means discrimination that is in violation of applicable Federal, State, or local employment law, including: (A) Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ). (B) The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.). (C) The Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ). (D) Subchapter II of chapter 5 of title 3, United States Code. (E) The Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ). (F) Title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. ; 12203). (G) Sections 501 and 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 , 794a). (H) Section 6(d) of the Fair Labor Standards Act of 1938 (commonly known as the Equal Pay Act of 1963 ) ( 29 U.S.C. 206(d) ). (I) Title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ). (J) Section 4311 of title 38, United States Code. (K) Other Federal, State, or local employment law. (4) Worker The term worker has the meaning given the term in section 302(a)(8). A National Grants for Preventing and Addressing Employment Discrimination, Including Harassment 411. Definitions In this subtitle: (1) Director The term Director means the Director of the Women’s Bureau of the Department of Labor. (2) Eligible entity The term eligible entity means any of the following: (A) A nonprofit organization, including a community-based organization, nonprofit legal aid organization, or labor organization, that provides services and support to workers, including by assisting workers in filing charges of employment discrimination. (B) An institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 412. Grants (a) Grants The Director, in consultation with the Commission, shall award grants under this section, on a competitive basis, to eligible entities to assist such entities in carrying out a program for preventing and addressing employment discrimination, including harassment, through activities authorized under subsection (b). (b) Use of funds (1) Permissible activities A grant awarded under this section shall be used for activities to prevent and address employment discrimination, including harassment, which may include— (A) educating workers about their rights related to harassment in employment under Federal, State, and local civil rights, labor, and employment laws; (B) educating employers about their obligations to prevent and address harassment in employment under Federal, State, and local civil rights, labor, and employment laws; (C) providing assistance to workers in bringing complaints of employment discrimination, including filing charges of harassment; (D) establishing networks for education, communication, and participation in the workplace and community; (E) monitoring employer compliance with Federal, State, and local civil rights, labor, and employment laws; (F) recruiting and hiring of staff and volunteers; and (G) any other activity the Director, in consultation with the Commission, may reasonably prescribe for the purpose of preventing and addressing employment discrimination, including harassment. (2) Prohibited activities Notwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Director, in consultation with the Commission, through notice and comment rulemaking. (c) Term of grants Each grant awarded under this section shall be available for expenditure for a period not to exceed 3 years. (d) Applications (1) In general An eligible entity seeking a grant under this section shall submit an application for such grant to the Director in accordance with this subsection. (2) Partnerships Multiple eligible entities may submit a joint application under this subsection that designates a single entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (3) Contents An application under this subsection shall include— (A) a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan; (B) information on the prevalence of violations of prohibitions on employment discrimination, including harassment, under Federal, State, and local civil rights, labor, and employment laws in the population served by the eligible entity; (C) information on any industry or geographic area targeted by the plan for such program; (D) information on the type of outreach and relationship building that will be conducted under such program; (E) information on the training and education that will be provided to workers and employers under such program; and (F) the method by which the eligible entity will measure the results of such program. (e) Selection (1) Competitive basis In accordance with this section, the Director, in consultation with the Commission, shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application meeting the requirements under subsection (d). (2) Priority The Director, in consultation with the Commission, in selecting grant recipients under paragraph (1), shall give priority to eligible entities that— (A) serve workers in any industry or geographic area that is most highly at risk for employment discrimination, including harassment, as identified by the Director, in consultation with the Commission; and (B) demonstrate past and ongoing work to prevent employment discrimination, including harassment. (f) Performance evaluations (1) In general Each grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or activity funded under this section. (2) Guidelines The procedures required under paragraph (1) shall be in accordance with guidelines established by the Director, in consultation with the Commission. 413. Authorization of appropriations There are authorized to be appropriated to the Director such sums as may be necessary to carry out this subtitle. B Grants for Legal Assistance for Low-Income Workers 421. Definitions In this subtitle: (1) Secretary The term Secretary means the Secretary of Labor. (2) Covered client The term covered client means an individual who— (A) is an eligible client; and (B) faces legal issues related to employment discrimination, including harassment. (3) Eligible client The term eligible client has the meaning given the term in section 1002 of the Legal Services Corporation Act ( 42 U.S.C. 2996a ) and the regulations of the Legal Services Corporation. (4) Eligible entity The term eligible entity means— (A) a nonprofit organization; and (B) an individual who is licensed to practice law. 422. Grants for civil legal needs related to employment discrimination (a) Grants authorized (1) In general The Secretary is authorized to provide financial assistance to eligible entities to enable those eligible entities to provide for the civil legal needs of covered clients that are related to employment discrimination, and to provide for those clients such other services as are necessary to carry out the purposes of this subtitle, including any of the following activities: (A) Providing covered clients advice, legal services, or representation. (B) Assisting covered clients in utilizing the Commission employment discrimination complaint process. (C) Assisting covered clients in utilizing a private employment complaint process. (D) Conducting outreach activities to publicize the services offered under this section. (2) Citizenship status An eligible entity receiving a grant under this section shall provide services to a covered client without regard to the citizenship status or authorization to work of the covered client. (b) Application In order to be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include— (1) a description of the services that the eligible entity proposes to provide, implement, improve, or expand; (2) a description of the covered clients the eligible entity intends to serve; (3) evidence of the eligible entity’s capacity to provide services to covered clients with legal issues related to employment discrimination, such as the eligible entity’s record of success representing eligible clients in employment-related legal matters, or the eligible entity’s prior experience serving clients who cannot afford legal counsel; (4) an explanation of how the services the eligible entity intends to provide will assist covered clients in addressing legal issues related to employment discrimination; and (5) any other information that the Secretary may require. (c) Award basis The Secretary shall, in consultation with the Legal Services Corporation, award and oversee grants under this section pursuant to such procedures and criteria as the Secretary may require. Such procedures and criteria shall include consideration of— (1) whether the eligible entity has demonstrated an understanding of the legal needs of covered clients; (2) the eligible entity’s capacity to provide services to covered clients with legal issues related to employment discrimination, which may be demonstrated through evidence described in subsection (b)(3); (3) the eligible entity’s knowledge of applicable Federal, State, and local employment laws; (4) the eligible entity’s capacity and ability to access other resources; (5) the eligible entity’s ability to ensure continuity of service to covered clients with pending legal issues; and (6) other factors that the Secretary determines are relevant. (d) Equitable distribution To the extent practicable, in awarding grants under this section, the Secretary, in consultation with the Legal Services Corporation, shall ensure that grants are made so as to provide the most economical and effective delivery of legal assistance to covered clients in both urban and rural areas, with consideration of the geographic distribution of persons in poverty. (e) Duration of the grant (1) In general A grant under this section shall be for a term of not less than 1 year and not more than 5 years. (2) Renewal The Secretary may renew a grant awarded under this section for a period of not more than 2 additional years if the eligible entity demonstrates that the eligible entity is effectively using funds and that the renewal of funds will allow the eligible entity to scale up the provision of services, replicate the program, or provide continuity of service to covered clients. (f) Report Two years after the enactment of this section, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the implementation of the grant program under this section, including— (1) a description of the services provided using grant assistance under this section, including a detailed description of the types of legal issues addressed by eligible entities and the number of covered clients served; and (2) an assessment of the number of individuals facing one or more legal issues related to employment discrimination who cannot afford adequate legal counsel, and the largest areas of unmet need. 423. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle such sums as may be necessary. C Grants for a System of State Advocacy 431. Purpose The purpose of this subtitle is to provide allotments to support a system of advocacy (referred to in this subtitle as a system ) in each State to protect the legal and human rights of workers in accordance with applicable Federal, State, and local employment discrimination laws. 432. Definitions In this subtitle: (1) Record The term record includes— (A) a report prepared by an employer or staff person charged with investigating reports of employment discrimination that describes incidents of possible discrimination and the steps taken to investigate those incidents; (B) statistical information related to employment decisions and the race, sex (including sexual orientation and gender identity), religion, national origin, age, disability, genetic information, or other protected characteristics of workers; (C) records described in section 11(c) of the Fair Labor Standards Act ( 29 U.S.C. 211(c) ); and (D) any such similar record, as may be necessary to carry out the purposes of this subtitle. (2) Secretary The term Secretary means the Secretary of Labor. (3) State The term State , except as otherwise provided, includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 433. Allotments and payments (a) Allotments (1) In general To assist States in meeting the requirements of section 434, the Secretary shall make allotments to States from the amounts appropriated under section 436 and not reserved under paragraph (5). (2) Minimum allotments In any case in which— (A) the total amount appropriated under section 436 for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $100,000; and (ii) to any State not described in clause (i) may not be less than $200,000; and (B) the total amount appropriated under section 436 for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $50,000; and (ii) to any State not described in clause (i) may not be less than $150,000. (3) Reduction of allotment Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under section 436 for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced. (4) Increase in allotments If the sum appropriated under section 436 and not reserved under paragraph (5) for any fiscal year exceeds the aggregate of the minimum allotments for all States under this subsection for that fiscal year, such excess amount shall be allotted among the States, including American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, so as to increase proportionately the minimum allotment for each such State. (5) Technical assistance In any case in which the total amount appropriated under section 436 for a fiscal year is more than $24,500,000, the Secretary shall— (A) use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this subtitle (consistent with requests by such systems for such assistance for the year); and (B) provide a grant in accordance with section 434(d) and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services. (6) Reallotments (A) In general If the Secretary determines that an amount of an allotment to a State for a period (of a fiscal year or longer) will not be required by the State during the period for the purpose for which the allotment was made, the Secretary shall reallot the amount. (B) Timing The Secretary may make such a reallotment from time to time, on such date as the Secretary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the reallotment in the Federal Register. (C) Amounts The Secretary shall reallot the amount to other States with respect to which the Secretary has not made that determination. The Secretary shall reallot the amount in proportion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States to the extent the proportionate amount exceeds the sum that the Secretary estimates the State needs and will be able to use during such period. (D) Reallotment of reductions The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so reduced. (E) Treatment Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under paragraph (1) for such fiscal year. (b) Payment to systems The Secretary shall pay directly to each State that has a system in the State that complies with the provisions of this subtitle the amount of the allotment made for the State under this section, unless the system specifies otherwise, to be used in support of the system. (c) Unobligated funds Any amount paid to a State under this subtitle for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year, for the purposes for which such amount was paid. 434. System required (a) In general In order for a State to receive an allotment under this subtitle the State shall— (1) have in effect a system to protect and advocate for the rights of workers within the State who are or who may be eligible for relief from applicable employment discrimination laws; and (2) designate a private nonprofit entity (referred to in this subtitle as an agency ) to support and carry out the activities of that system. (b) Agency requirements (1) Characteristics of agency The State shall ensure that the agency designated under subsection (a) shall— (A) not be administered by the State, or an agency or instrumentality of a State; and (B) be independent of any entity that represents the interest of the State, employers, or other corporations. (2) No redesignation of agency The agency implementing the system shall not be redesignated unless— (A) there is good cause for the redesignation; (B) the State has given the agency notice of the intention to make such redesignation, including notice regarding the good cause for such redesignation, and given the agency an opportunity to respond to the assertion that good cause has been shown; (C) the agency has given timely notice of the intended redesignation directly to clients of the agency; (D) the State has provided, in plain English and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than English, an opportunity for public comment; and (E) the agency has an opportunity to appeal the redesignation to the Secretary, on the basis that the redesignation was not for good cause. (3) Costs of notice The costs of the notice required under paragraph (2)(C) shall be paid by the State. (c) System required The system described in subsection (a) shall— (1) have the authority to— (A) pursue legal, administrative, and other appropriate remedies or approaches, as applicable, to ensure the protection of, and advocacy for, the rights of individuals within the State who are or who may be eligible for relief from employment discrimination; and (B) provide information on and referral to programs and services addressing the needs of such individuals; (2) have the authority— (A) to investigate incidents of employment discrimination, including harassment, and to conduct investigations of systemic employment discrimination, of such individuals if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred; and (B) to investigate and gather data in the same manner as the Secretary under section 11(a) of the Fair Labor Standards Act ( 29 U.S.C. 211(a) ); (3) on an annual basis, develop, submit to the Secretary, and take action with regard to goals and priorities developed through data driven strategic planning for the system’s activities; (4) on an annual basis, provide to the public, including individuals described in paragraph (1)(A), the regional office of the Commission that serves the State, and any State agency whose purpose is to reduce or eliminate employment discrimination, an opportunity to comment on— (A) the goals and priorities established by the agency and the rationale for the establishment of such goals; and (B) the activities of the agency, including the coordination of services with the District office of the Commission that serves the State, and any State agency whose purpose is to reduce, eliminate, or redress employment discrimination, and with entities carrying out other related programs; (5) establish a grievance procedure for clients or prospective clients of the agency to ensure that individuals described in paragraph (1)(A) have full access to services of the agency; (6) have access at reasonable times to any individual described in paragraph (1)(A) in a location in which services and other assistance are provided to such an individual, in order to carry out the purpose of this subtitle; (7) have access, not later than 3 business days after the agency makes a written request, to the records of any individual described in paragraph (1)(A) (including Federal and State workers) who is a client of the agency if such individual, or other legal representative of such individual, has authorized the agency to have such access; (8) hire and maintain sufficient numbers and types of staff (qualified by training and experience) to carry out the agency’s functions, except that the State involved shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the agency, to the extent that such policies would impact the staff or functions of the agency funded with Federal funds or would prevent the agency from carrying out the functions of the system under this subtitle; (9) have the authority to educate policymakers; and (10) provide assurances to the Secretary that funds allotted to the State under section 433 will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the allotted funds are provided. (d) American Indian consortium (1) In general Upon application to the Secretary, the Secretary shall allot funds to one or more American Indian consortium established to provide services under this subtitle, in accordance with section 433(a)(5). Such funds shall be used to support services under this subtitle. (2) Coordination of systems An American Indian consortium under paragraph (1) shall be considered to be a system for purposes of this subtitle and shall coordinate those services with other systems serving the same geographic area. (3) Responsible party The tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a State in this subtitle, with regard to the consortium. 435. Administration (a) Governing board The system described in section 434 shall be organized as a private nonprofit entity with a multimember governing board, and such governing board shall be selected according to the policies and procedures of the system, except that— (1) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system; (2) a majority of the members of the board shall be— (A) attorneys representing the interests of workers; (B) advocates for workers with experience working to protect or expand workers’ rights; or (C) workers who have experienced employment discrimination; (3) not more than 1/3 of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board; (4) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership; and (5) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs. (b) Legal action (1) In general Nothing in this subtitle shall preclude a system from bringing a suit on behalf of individuals described in section 434(c)(1)(A) against a State, or an agency or instrumentality of a State. (2) Use of amounts from judgment An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this subtitle and shall not be used to augment payments to legal contractors or to award personal bonuses. (c) Public notice of Federal onsite review The Secretary shall provide advance public notice of, and solicit public comments regarding, any Federal programmatic or administrative onsite review of a system conducted under this subtitle. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the notice and public comment solicitation shall be included in the onsite visit report. (d) Reports (1) In general Beginning for the fiscal year after the fiscal year during which this Act is enacted, each system established in a State pursuant to this subtitle shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including— (A) a description of the system’s goals, the extent to which the goals were achieved, and barriers to that achievement; and (B) the process used to obtain public input, the nature of such input, and how such input was used. (2) Disclosure of information For purposes of the report described in paragraph (1) the Secretary shall not require the system disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance from the system. 436. Authorization of appropriations There are authorized to be appropriated for allotments under section 433 such sums as may be necessary. V General Provisions 501. 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 the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s3219is/xml/BILLS-117s3219is.xml |
117-s-3220 | II 117th CONGRESS 1st Session S. 3220 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Welfare Act to restrict the use of exotic and wild animals in traveling performances.
1. Short title This Act may be cited as the Traveling Exotic Animal and Public Safety Protection Act of 2021 . 2. Findings Congress finds that— (1) conditions inherent to traveling performances, including constant travel, temporary and collapsible facilities, and the prolonged confinement and physical coercion of animals, subject exotic and wild animals to compromised welfare and chronic stress, and present public and worker health and safety risks not adequately addressed by current regulations; (2) current regulatory oversight of traveling performances is complex and costly, and those costs are not typically recouped via licensing fees but are left to the taxpayer; (3) the frequent mobility of traveling performances complicates oversight such that agencies and authorities cannot properly monitor, evaluate, or follow through regarding the condition of animals or facilities, or their history of potential injuries, incidents, illnesses, violations, or other issues, and so cannot properly protect animals, workers, or the public; (4) traveling exotic and wild animal performances use collapsible, temporary, mobile facilities, which risk escape and serious harm to animals, workers, and the public; (5) traveling exotic and wild animal performances present safety risks by permitting or not preventing public contact and by displaying animals in inappropriate, uncontrolled areas in dangerous proximity to humans and other animals; (6) exotic and wild animals have intrinsic value; (7) the wild instincts and needs of exotic and wild animals are unpredictable and not naturally suited to traveling performances, and exotic and wild animals thus suffer as a result of being unable to fulfill instinctive natural behaviors; (8) exotic and wild animals used in traveling performances suffer severe and extended confinement, and, deprived of natural movements and behaviors, are prone to chronic stress and behavioral, health, and psychological problems; (9) exotic and wild animals are forced to perform unnatural tricks requiring extreme physical coercion, including the use of food and water restrictions, electric shock devices, bullhooks, metal bars, whips, shovels, pitchforks, and other abuses; (10) it is not necessary to use exotic or wild animals in traveling performances to experience the circus or similar events; (11) using exotic or wild animals as commodities traded for traveling performances adds nothing to the understanding and conservation of those animals and the natural environment, and actually undermines conservation efforts necessary to protect threatened and endangered species; (12) it is not possible to provide or ensure public and worker safety or appropriate physical and mental welfare of exotic and wild animals under the traveling performance business model, which inherently and significantly restricts the natural movements and behaviors of animals, and in which abuse is prevalent and oversight problematic; (13) the use of exotic or wild animals in traveling performances is or substantially affects interstate or foreign commerce and the free flow of interstate or foreign commerce; (14) it is essential to regulate the use of exotic or wild animals in traveling performances to ensure the humane care and treatment of animals; and (15) restricting the use of exotic and wild animals in traveling performances is the most cost-effective and efficient way to safeguard animals, workers, and the public. 3. Use of exotic or wild animals in traveling performances prohibited Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (2) by redesignating the second subsection (f) (relating to delivery of animals by a dealer, research facility, exhibitor, or government) as subsection (g); and (3) by adding at the end the following: (j) Prohibition of exotic and wild animals in traveling performances (1) Definitions In this subsection: (A) Cause a performance The term cause a performance means— (i) to be responsible for a performance; (ii) to financially benefit as an owner or operator from a performance; or (iii) to sponsor a performance. (B) Domestic animal The term domestic animal means any animal that is normally maintained as a companion or pet animal in or near the household of the owner or person who cares for the animal, such as a domestic dog (including a service dog), domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster. (C) Environmental education program The term environmental education program means a program, which may be an animal exhibition, that— (i) is professionally designed to impart knowledge or information for educational or conservation purposes about the natural behavior, habitat, and life cycle of an animal, or similar pedagogical information, by an individual qualified to impart that information; and (ii) does not include any performance of behavior of an animal that does not naturally occur for that animal in the wild. (D) Exotic or wild animal (i) In general The term exotic or wild animal means— (I) any animal that is or has historically been found in the wild or in the wild state, regardless of whether the animal was bred or born in the wild or in captivity; and (II) any hybrid of an animal described in subclause (I), including a hybrid cross with a domestic animal or farm animal. (ii) Inclusions The term exotic or wild animal includes— (I) canidae (except domestic dogs); (II) cetartiodactyla (except alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); (III) crocodilia; (IV) edentata; (V) elasmobranchii; (VI) felidae (except domestic cats); (VII) hyaenidae; (VIII) marsupialia; (IX) mustelidae; (X) nonhuman primates; (XI) perissodactyla (except horses, donkeys, and mules); (XII) pinnipedia; (XIII) proboscidea; (XIV) procyonidae; (XV) ratites; (XVI) spheniscidae; (XVII) testudinidae; (XVIII) ursidae; (XIX) varanidae; and (XX) viverridae. (iii) Exclusion The term exotic or wild animal does not include any animal that is a domestic animal or farm animal. (E) Farm animal The term farm animal means an alpaca, cow, sheep, swine, goat, llama, poultry, rabbit, horse, mule, or donkey. (F) Mobile or traveling housing facility The term mobile or traveling housing facility means a transporting vehicle, such as a truck, car, trailer, airplane, ship, or railway car, used to transport or house an animal while traveling to, from, or between locations for performance purposes. (G) Performance The term performance means any animal act, circus, ride, carnival, display, exhibition, fair, parade, petting zoo, race, performance, or similar undertaking in which an animal is required to perform tricks, give rides, or participate as an accompaniment for the entertainment, amusement, or benefit of an audience. (H) Traveling animal act The term traveling animal act means any performance of an animal for which the animal is transported in a mobile or traveling housing facility to, from, or between locations for the purpose of a performance. (I) Wildlife sanctuary The term wildlife sanctuary means an organization that— (i) is described in sections 170(b)(1)(A)(vi) and 501(c)(3) of the Internal Revenue Code of 1986; (ii) is a place of refuge that provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced exotic or wild animals for the lifetime of the exotic or wild animals; and (iii) does not— (I) engage in commercial trade in any exotic or wild animal, including— (aa) the sale of any animal, animal part, or derivative offspring; (bb) photographic opportunities; and (cc) public events for financial profit or an entertainment purpose; (II) breed any exotic or wild animal; (III) permit unescorted public visitation; (IV) permit direct contact between the public and any exotic or wild animal; or (V) remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance. (2) Prohibited use of exotic and wild animals Subject to paragraph (3), no person shall cause a performance of, or allow for the participation of, an exotic or wild animal in a traveling animal act. (3) Exceptions Paragraph (2) shall not apply to— (A) the use of an exotic or wild animal— (i) in an exhibition at a nonmobile, permanent institution, zoo, or aquarium accredited by the Association of Zoos and Aquariums, the World Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, or the Alliance of Marine Mammal Parks and Aquariums; (ii) as part of an environmental education program by a facility accredited by the Association of Zoos and Aquariums or the Alliance of Marine Mammal Parks and Aquariums, if the animal used as part of the program is not— (I) used for more than 180 total days during a year; and (II) kept in a mobile or traveling housing facility for more than 12 total hours during a day; (iii) by an institution of higher education, laboratory, or other research facility registered under section 6 for the purpose of conducting research; (iv) in film, television, or advertising, if the use does not involve a live animal exhibition conducted before a public studio audience; or (v) in a rodeo; (B) the use of an indigenous wild animal by a wildlife rehabilitator in an environmental education program— (i) that is permitted by the relevant jurisdiction; (ii) that is accredited or certified by the National Wildlife Rehabilitators Association or the International Wildlife Rehabilitation Council; and (iii) if the exotic or wild animal is kept in a mobile or traveling housing facility for not more than 12 total hours during a day; (C) a federally permitted falconer; or (D) a wildlife sanctuary. (4) Penalty Any person that fails to comply with this subsection shall be subject to the enforcement and penalties described in sections 16, 19, and 29. (5) Relationship with other law (A) In general Nothing in this subsection— (i) authorizes the interstate transport of any species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (ii) waives any requirement to comply with any regulation issued under this Act. (B) Supplement not supplant The standards and requirements of this subsection— (i) are in addition to, and not in lieu of, any other laws protecting animal welfare; and (ii) do not limit any other Federal, State, or local law or rule that more stringently protects the welfare of animals. (C) Preemption No State or political subdivision of a State may establish or continue to enforce any standards, requirements, or regulations with respect to causing a performance of, or allowing for the participation of, an exotic or wild animal in a traveling animal act that are inconsistent with or less stringent than the standards and requirements under this subsection. . 4. Effective date The amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3220is/xml/BILLS-117s3220is.xml |
117-s-3221 | II 117th CONGRESS 1st Session S. 3221 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reduce improper payments and eliminate waste in Federal programs, and for other purposes.
1. Short title This Act may be cited as the IRS Improper Payments Act . 2. Findings and purpose (a) Findings Congress finds that when the Federal Government makes payments to individuals and businesses as beneficiaries, grantees, or contractors, or on behalf of beneficiaries, of Federal programs, the Federal Government must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. (b) Purpose The purpose of this Act is to— (1) reduce improper payments in the major programs administered by the Federal Government— (A) by intensifying efforts to eliminate payment error, waste, fraud, and abuse in those programs; and (B) continuing to ensure that Federal programs serve and provide access to the intended beneficiaries of those programs; (2) adopt a comprehensive set of policies, including— (A) transparency and public scrutiny of significant improper payments throughout the Federal Government; (B) a focus on identifying and eliminating the highest improper payments; (C) accountability for reducing improper payments among agencies and officials of agencies; and (D) coordinated action by the Federal Government and State and local governments in identifying and eliminating improper payments; and (3) protect access to Federal programs by their intended beneficiaries. 3. Title 31 amendments (a) In general Subchapter IV of chapter 33 of title 31, United States Code, is amended— (1) in section 3351— (A) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (7), (8), and (10), respectively; (B) by inserting after paragraph (3) the following: (5) High-priority program The term high-priority program means a Federal program identified by the Director of the Office of Management and Budget under section 3359(a)(1). ; and (C) by inserting after paragraph (8), as so redesignated, the following: (9) High-priority program reduction target The term high-priority program reduction target means a target for reducing improper payments associated with a high-priority program under section 3359(a)(2). ; and (2) by adding at the end the following: 3359. Transparency and public participation (a) High priority programs Not later than 90 days after the date of enactment of this section, the Director of the Office of Management and Budget shall— (1) identify Federal programs in which the highest dollar value or majority of Government-wide improper payments occur; (2) establish, in coordination with the head of each executive agency responsible for administering a high-priority program— (A) annual targets for reducing improper payments associated with the high-priority program; or (B) if a target described in subparagraph (A) exists as of the date of enactment of this Act, supplemental targets for reducing improper payments associated with the high-priority program; and (3) issue Government-wide guidance on the implementation of this Act, including procedures for— (A) identifying and publicizing the list of entities described in subsection (c)(2)(E); and (B) prior to publication, administratively appealing the decision to publish the identity of those entities. (b) Working group (1) In general Not later than 90 days after the date of enactment of this section, the Director of the Office of Management and Budget shall establish a working group to be known as the High Priority Program Working Group (referred to in this section as the Working Group ). (2) Members The Working Group shall consist of officials of the Federal Government and State and local governments. (3) Recommendations Not later than 180 days after the date of enactment of this section, the Working Group, in coordination with Council of the Inspectors General on Integrity and Efficiency, shall submit to the Director of the Office of Management and Budget recommendations designed to improve the measurement by the Federal Government of access to Federal programs by the intended beneficiaries of those programs. (c) Published high-Priority program information (1) In general Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary of the Treasury, in coordination with the Attorney General and the Director of the Office of Management and Budget, shall publish on the internet information about improper payments under high-priority programs. (2) Contents The information published under paragraph (1) shall include, subject to Federal privacy policies and to the extent permitted by law— (A) the names of the accountable officials designated under section 3360(a); (B) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of improper payments in Federal programs of the Internal Revenue Service, including, if known and appropriate, the causes of the improper payments; (C) (i) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of the recovery of improper payments, where appropriate; or (ii) for high-priority programs in which improper payments are identified solely on the basis of a sample, rates and amounts of the recovery of improper payments estimated on the basis of the applicable sample; (D) high-priority program reduction targets, where appropriate; and (E) the entities that— (i) have received the greatest amount of unreturned improper payments; and (ii) in Federal programs in which improper payments are identified solely on the basis of a sample, have received the greatest amount of outstanding improper payments in the applicable sample. (3) Measurements The Secretary of the Treasury may include in the information published under paragraph (1) any measurements included in the recommendations of the Working Group submitted under subsection (b)(3). (4) Prohibition The information described in paragraph (2)(E) may not include information relating to any referrals the executive agency has made or anticipates making to the Attorney General or any information provided in connection with those referrals. (d) Collecting information from the public Not later than 180 days after the date of enactment of this section, the Secretary of the Treasury, in coordination with the Attorney General and the Director of the Office of Management and Budget and in consultation with the Council of the Inspectors General on Integrity and Efficiency, shall establish a central internet-based method to collect from the public information relating to suspected incidents of waste, fraud, and abuse by an entity receiving Federal funds that have led or may lead to improper payments by the Federal Government. (e) Links The head of each executive agency shall prominently display on the homepage of the website of the executive agency a link to internet-based resources for addressing improper payments, including the information published under subsection (c)(1) and the internet-based method established under subsection (d). 3360. Agency accountability and coordination (a) Accountable officials Not later than 120 days after the date of enactment of this section, the head of each executive agency that administers a high-priority program shall designate a Senate-confirmed official of the executive agency to be accountable for meeting the high-priority program reduction targets of the executive agency without unduly burdening access to the high-priority program and participation by eligible beneficiaries. (b) Second official If an executive agency that administers a high-priority program for which the majority of payments are administered under a single component of the executive agency, the head of the executive agency shall designate an official of that component, who shall— (1) be responsible for program integrity activities; and (2) as appropriate, consolidate and coordinate each program integrity activity of the component. (c) Report Not later than 180 days after the date of enactment of this section, and annually thereafter, each executive agency official who is designated by the Director of the Office of Management and Budget under subsection (a) or otherwise shall provide the inspector general of the executive agency served by the official a report that includes— (1) the methodology of the executive agency for identifying and measuring improper payments by each high-priority program of the executive agency; (2) the plans of the executive agency and supporting analysis for meeting high-priority program reduction targets; and (3) the plans of the executive agency and supporting analysis for ensuring that initiatives undertaken in accordance with this subchapter do not unduly burden program access and participation by eligible beneficiaries. (d) Duties of inspector general Annually, the inspector general shall, with respect to each high-priority program of the executive agency— (1) assess the level of risk associated with the program; (2) determine the extent of oversight warranted; and (3) provide the head of the executive agency with recommendations, if any, for modifying the methodology, improper payment reduction plans, or program access and participation plans of the executive agency. (e) Agency failure (1) In general If an executive agency fails to meet the high-priority program reduction targets of the executive agency or implement the plans described in subsection (c)(3) for not less than 2 consecutive years, the official of the executive agency designated under subsection (a) shall submit to the head of the executive agency, the inspector general of the executive agency, and chief financial officer of the executive agency a report that— (A) describe the likely causes of the failure; and (B) proposes a remedial plan. (2) Review Annually, the head of an executive agency described in paragraph (1) shall, with respect to a remedial plan proposed under paragraph (1)(B)— (A) review the remedial plan; and (B) in consultation with the inspector general and chief financial officer of the executive agency, forward the remedial plan and any additional comments and analysis to the Director of the Office of Management and Budget. (f) CFOC recommendations (1) In general Not later than 180 days after the date of enactment of this section, the Chief Financial Officers Council, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the Attorney General, and Federal program experts, shall submit to the Director of the Office of Management and Budget and the Secretary of the Treasury recommendations on actions, including actions relating to forensic accounting and audits, agencies should take to more effectively tailor methodologies for identifying and measuring improper payments to Federal programs, or components of Federal programs, in which improper payments are most likely to occur. (2) Contents The recommendations submitted under paragraph (1) shall address the manner in which the recommended actions would affect program access and participation by eligible beneficiaries. (g) Recommendations To reduce improper payments (1) In general Not later than 180 days after the date of enactment of this section, the Secretary of the Treasury and the Director of the Office of Management and Budget, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the Attorney General, and Federal program experts, shall submit to the President recommendations for actions designed to reduce improper payments by improving information sharing among agencies and Federal programs, and when applicable, State and local governments and other stakeholders. (2) Contents The recommendations submitted under paragraph (1) shall— (A) address the ways in which information sharing may improve eligibility verification and pre-payment scrutiny; (B) identify legal or regulatory impediments to effective information sharing; and (C) address the manner in which the recommended actions would affect Federal program access and participation by eligible beneficiaries. (h) Report (1) In general Subject to Federal privacy policies and to the extent permitted by law, not later than 180 days after the date of enactment of this section, and not less frequently than quarterly thereafter, the head of each executive agency shall submit to the inspector general of the executive agency and the Council of the Inspectors General on Integrity and Efficiency, and make available to the public, a report on any high-dollar improper payments identified by the executive agency. (2) Contents The report required under paragraph (1)— (A) shall describe any actions that the executive agency— (i) has taken or plans to take to recover improper payments; and (ii) intends to take to prevent improper payments from occurring in the future; and (B) may not include any referrals the executive agency made or anticipates making to the Attorney General or any information provided in connection with those referrals. (3) Review Not later than 60 days after the date on which the head of an executive agency submits a report under paragraph (1), the inspector general of each executive agency and the Council of the Inspectors General on Integrity and Efficiency shall— (A) assess the level of risk associated with the Federal program under which a high-dollar improper payment described in paragraph (1) was made; (B) determine the extent of oversight of the Federal program described in subparagraph (A) that is warranted; and (C) provide the head of the executive agency with recommendations, if any, for modifying the plans of the executive agency. 3361. Enhanced focus on contractors and working with State and local stakeholders (a) Enhanced focus on contractors Not later than 180 days after the date of enactment of this section, the Federal Acquisition Regulatory Council, in coordination with the Director of the Office of Management and Budget and in consultation with the National Procurement Fraud Task Force (or its successor group), the Council of the Inspectors General on Integrity and Efficiency, and appropriate executive agency officials, shall recommend to the President actions designed to enhance contractor accountability for improper payments, which may include subjecting contractors to debarment, suspension, financial penalties, and identification through a public internet website, subject to Federal privacy policies and to the extent permitted by law and where the identification would not interfere with or compromise an ongoing criminal or civil investigation, for knowingly failing timely to disclose credible evidence of significant overpayments received under Federal contracts. (b) Working group for audits (1) In general Not later than 30 days after the date of enactment of this section, the Director of the Office of Management and Budget shall establish a working group to be known as the Auditing Working Group . (2) Members The working group established under paragraph (1) shall consist of officials of the Federal Government and elected officials of State and local governments. (3) Chair The Director of the Office of Management and Budget may designate an appropriate official to serve as the Chair of the working group established under paragraph (1) to convene the meetings and direct the work of the working group. (4) Duties Not later than 180 days after the date of enactment of this section, the working group established under paragraph (1), in coordination with the Council of the Inspectors General on Integrity and Efficiency, shall submit to the Director of the Office of Management and Budget recommendations designed to improve the effectiveness of single audits of State and local governments and nonprofit organizations that expend Federal funds. (5) Contents The recommendations required under paragraph (4) shall address— (A) the effectiveness of the audits described in that paragraph in identifying improper payments; and (B) opportunities to streamline or eliminate single audit requirements in situations in which the value of those requirements is minimal. (c) Working group for accountability (1) In general Not later than 30 days after the date of enactment of this section, the Director of the Office of Management and Budget shall establish a working group, which may be a component of the working group established under subsection (b), to be known as the Accountability Working Group . (2) Members The working group established under paragraph (1) shall consist of officials of the Federal Government and elected officials of State and local governments. (3) Chair The Director of the Office of Management and Budget may designate an appropriate official to serve as the Chair of the working group established under paragraph (1) to convene the meetings and direct the work of the working group. (4) Duties Not later than 180 days after the date of enactment of this section, the working group established under paragraph (1), in consultation with the Council of the Inspectors General on Integrity and Efficiency, shall submit to the Director of the Office of Management and Budget recommendations for administrative actions designed to improve the incentives and accountability of State and local governments and other entities receiving Federal funds for reducing improper payments. 3362. Policy proposals (a) In general Not later than 180 days after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the heads of appropriate agencies and the Council of the Inspectors General on Integrity and Efficiency, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper payments, including improper payments caused by error, waste, fraud, and abuse, across Federal programs without compromising program access. (b) Inclusion The recommendations developed under subsection (a) shall be included, as appropriate, in the budget of the President under section 1105(a) of title 31, United States Code for fiscal year 2023 and each fiscal year thereafter. . (b) Clerical amendment The table of sections for subchapter IV of chapter 33 of title 31, United States Code, is amended by adding at the end the following: 3359. Transparency and public participation. 3360. Agency accountability and coordination. 3361. Enhanced focus on contractors and working with State and local stakeholders. 3362. Policy proposals. . | https://www.govinfo.gov/content/pkg/BILLS-117s3221is/xml/BILLS-117s3221is.xml |
117-s-3222 | II 117th CONGRESS 1st Session S. 3222 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Blumenthal (for himself, Mr. Markey , Mr. Whitehouse , Mr. Wyden , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish protections for passengers in air transportation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Airline Passengers' Bill of Rights . (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—Passenger protections Sec. 101. Rules regarding compensation provided to passengers. Sec. 102. Minimum compensation provided to passengers involuntarily denied boarding. Sec. 103. Delays and cancellations. Sec. 104. Unfair and deceptive attribution of delays and cancellations to force majeure events. Sec. 105. Interline agreements and protections. Sec. 106. Protections relating to space for passengers on aircraft. Sec. 107. Availability of lavatories on passenger aircraft. Sec. 108. Availability of potable water on passenger aircraft. Sec. 109. Training on rights of passengers. Sec. 110. Report on quality and safety of food and water on passenger aircraft. Sec. 111. Report on sufficiency of available flight crews and aircraft. TITLE II—Consumer protections Sec. 201. Protections relating to the imposition of fees that are not reasonable and proportional to the costs incurred. Sec. 202. Protections relating to disclosure of flight information. Sec. 203. Transparency in pricing of tickets in air transportation. Sec. 204. Disclosure of lowest fares for air transportation. Sec. 205. Frequent flyer programs fairness and transparency. Sec. 206. Refunds for lost, damaged, delayed, or pilfered baggage. Sec. 207. Passenger rights transparency. Sec. 208. Private right of action against unfair and deceptive practices. Sec. 209. Fairness and transparency in contracts of carriage. Sec. 210. Private right of action for discrimination claims against air carriers. Sec. 211. No preemption of consumer protection claims. Sec. 212. Invalidation of pre-dispute arbitration and class-action waiver clauses in certain contracts relating to passenger air transportation. Sec. 213. Consumer complaint process improvement. TITLE III—Penalties for air carriers Sec. 301. Increase in civil penalty for violations of passenger protection laws. Sec. 302. Report on imposition of civil penalties. Sec. 303. Study of distribution of civil penalties to consumers. Sec. 304. Prohibition on negotiation of reductions in civil penalties. TITLE IV—Competitiveness of air carriers Sec. 401. Analysis of air carrier mergers. 2. Definitions Except as otherwise specifically provided, in this Act: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Advisory Committee for Aviation Consumer Protection The term Advisory Committee for Aviation Consumer Protection means the advisory committee established under section 411 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 42301 note prec.). (3) Air carrier The term air carrier means an air carrier or foreign air carrier, as those terms are defined in section 40102 of title 49, United States Code. (4) Air transportation The term air transportation has the meaning given that term in section 40102 of title 49, United States Code. (5) Ancillary fee The term ancillary fee , with respect to a fee imposed by an air carrier, means any fee for an optional service, including any fee for a first or second checked bag or a carry-on bag, cancellation of an itinerary, changes in an itinerary, seat assignment, or advance boarding. (6) Appropriate committees of Congress The term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives . (7) Purchase The term purchase , with respect to a ticket for travel in air transportation, means the purchase of a ticket using cash or credit or using miles awarded through the frequent flyer program of an air carrier. (8) Secretary The term Secretary means the Secretary of Transportation. (9) Ticket agent The term ticket agent has the meaning given that term in section 40102 of title 49, United States Code. I Passenger protections 101. Rules regarding compensation provided to passengers Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations— (1) allowing an air carrier to offer compensation to a passenger to incentivize the passenger to relinquish the passenger's seat on a flight operated by the air carrier; (2) prohibiting an air carrier from imposing a cap on the amount of compensation the air carrier can provide to a passenger in exchange for the passenger relinquishing a seat; and (3) requiring an air carrier to provide any compensation provided to a passenger in exchange for the passenger relinquishing a seat in the form of cash. 102. Minimum compensation provided to passengers involuntarily denied boarding Not later than 60 days after the date of enactment of this Act, the Secretary shall, notwithstanding section 425(e)(2) of the FAA Reauthorization Act of 2018, issue a final rule to revise part 250 of title 14, Code of Federal Regulations, to establish that $1,350 is the minimum level of compensation an air carrier or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold flight. 103. Delays and cancellations (a) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring, if a passenger’s flight is delayed or cancelled for any reason within the control of the air carrier (including crew scheduling, routine maintenance, functioning of information technology systems, passenger service issues, issues related to baggage services, issues related to ground handling of aircraft, or other reasons as specified by the Secretary) and— (1) the passenger’s arrival at the passenger's destination is delayed by more than 1 hour and less than 4 hours after the originally scheduled arrival of the passenger, the air carrier— (A) to automatically refund to the passenger the amount the passenger paid for the ticket; and (B) to find a seat for the passenger on another flight operated by the air carrier, on a flight operated by another air carrier, or on an alternative means of transportation, at no additional expense to the passenger, that results in the passenger arriving at the passenger's destination not later than 4 hours after the original scheduled arrival time; (2) the passenger’s arrival at the passenger's destination is delayed by more than 4 hours after the originally scheduled arrival of the passenger, the air carrier— (A) to automatically refund to the passenger the amount the passenger paid for the ticket; (B) to find a seat for the passenger on another flight operated by the air carrier, on a flight operated by another air carrier, or on an alternative means of transportation, at no additional expense to the passenger, at the earliest available opportunity, if the passenger so chooses; (C) to provide compensation to the passenger of $1,350 cash; and (D) to provide a passenger with an amount equal to the cost of a meal; and (3) the passenger's departure is delayed until the next day, the air carrier to provide the passenger with an amount equal to the cost of hotel lodging, in addition to the requirements of paragraph (2). (b) Savings provision Nothing in this section shall be construed as affecting the authority of an air carrier to maximize its system capacity during weather-related events to accommodate the greatest number of passengers. 104. Unfair and deceptive attribution of delays and cancellations to force majeure events Section 41712 of title 49, United States Code, is amended by adding at the end the following: (d) Attribution of delays and cancellations to force majeure events It shall be an unfair or deceptive practice under subsection (a) for an air carrier or foreign air carrier to attribute the delay or cancellation of a flight operated by the carrier or by another air carrier or foreign air carrier with which the carrier has a codesharing or other joint marketing arrangement to a force majeure event unless the delay or cancellation is caused by an event not within the control of the air carrier operating the flight, such as weather, an act of God, or a war or other hostilities. . 105. Interline agreements and protections (a) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe regulations— (1) to facilitate interline agreements and related practices between air carriers and providers of other modes of transportation; and (2) to establish a complaint and remediation process through which parties may submit complaints and resolve disputes regarding the establishment and implementation of interline agreements. (b) Interline agreements The regulations prescribed pursuant to subsection (a)(1) shall— (1) include provisions to prevent air carriers and other transportation providers from significantly hindering or preventing willing air carriers or other transportation providers from entering into interline agreements or conducting related practices; (2) require air carriers to explicitly notify passengers when they are eligible to be provided transportation by another air carrier or a provider of another mode of transportation; (3) after an eligible passenger is notified under paragraph (2), require air carriers to attempt to provide to the passenger transportation through another air carrier or a provider of another mode of transportation, upon the passenger’s request, if the air carrier has an interline agreement with the other air carrier or transportation provider; (4) prohibit air carriers and other transportation providers from unduly or improperly influencing the decision of a partner, subsidiary, or vendor to enter into an interline agreement, the terms or conditions of such an agreement, or related practices; (5) account for operational records, seat availability, and capacity; and (6) promote competition and the public interest. (c) Complaint and remediation process The complaint and remediation processes established pursuant to subsection (a)(2) may provide for appropriate penalties and remedies for violations of an interline agreement. 106. Protections relating to space for passengers on aircraft (a) Moratorium on reductions to aircraft seat size (1) In general Not later than 30 days after the date of the enactment of this Act, the Administrator shall prohibit any air carrier from reducing the size, width, or pitch of seats on passenger aircraft operated by the air carrier, the amount of leg room per seat on such aircraft, or the width of aisles on such aircraft. (2) Termination The prohibition under paragraph (1) shall terminate on the date on which the regulations required by subsection (b) take effect. (b) Regulations relating to space for passengers on aircraft Not later than 1 year after the date of enactment of this Act, and after providing notice and an opportunity for comment, the Administrator shall issue regulations— (1) establishing minimum dimensions for passenger seats on aircraft operated by air carriers in interstate air transportation or intrastate air transportation, including the size, width, and pitch of seats, the amount of leg room, and the width of aisles on such aircraft for the safety and health of passengers; and (2) requiring each air carrier to prominently display on a publicly available internet website of the air carrier the amount of space available for each passenger on passenger aircraft operated by the air carrier or by another air carrier with which the air carrier has a codesharing or other joint marketing arrangement, including the size, width, and pitch of seats, the amount of leg room, and the width of aisles on such aircraft. (c) Consultations In prescribing the regulations required under subsection (b), the Administrator shall consult with the Occupational Safety and Health Administration, the Centers for Disease Control and Prevention, passenger advocacy organizations, physicians, and ergonomic engineers. (d) Conforming repeal Section 577 of the FAA Reauthorization Act of 2018 is repealed. 107. Availability of lavatories on passenger aircraft (a) In general Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Availability of lavatories on passenger aircraft (a) In general Each air carrier and foreign air carrier shall ensure that each passenger aircraft operated by the air carrier or foreign air carrier maintains sufficient functional lavatories (as determined by the Secretary of Transportation) that— (1) are available for use, free of charge, any time passengers are on board the aircraft; and (2) can accommodate individuals with disabilities. (b) Disability defined In this section, the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (c) Regulations Not later than 180 days after the date of the enactment of the Airline Passengers' Bill of Rights , the Secretary of Transportation shall prescribe such regulations as are necessary to carry out this section. . (b) Clerical amendment The analysis for chapter 417 of such title is amended by inserting after the item relating to section 41726 the following: 41727. Availability of lavatories on passenger aircraft. . 108. Availability of potable water on passenger aircraft (a) In general Subchapter I of chapter 417 of title 49, United States Code, as amended by section 107(a), is amended by adding at the end the following: 41728. Availability of potable water on passenger aircraft (a) In general Each air carrier and foreign air carrier shall ensure that potable water is available, free of charge, to passengers on board aircraft operated by the air carrier or foreign air carrier. (b) Regulations Not later than 180 days after the date of the enactment of the Airline Passengers' Bill of Rights , the Secretary of Transportation shall prescribe such regulations as are necessary to carry out this section. . (b) Clerical amendment The analysis for chapter 417 of such title, as amended by section 107(b), is amended by inserting after the item relating to section 41727 the following: 41728. Availability of potable water on passenger aircraft. . 109. Training on rights of passengers Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring an air carrier to provide, not less frequently than every 180 days, training on the rights of passengers to employees and representatives of the air carrier that directly interact with passengers, including ticket agents, gate agents, pilots, and flight attendants. 110. Report on quality and safety of food and water on passenger aircraft Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report assessing the quality and safety of food and potable water on passenger aircraft. 111. Report on sufficiency of available flight crews and aircraft Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report assessing— (1) whether air carriers ensure that sufficient flight crews and aircraft are available for scheduled flights; and (2) the extent to which not having sufficient flight crews and aircraft available affects arrival and departure times. II Consumer protections 201. Protections relating to the imposition of fees that are not reasonable and proportional to the costs incurred (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary shall prescribe regulations— (1) prohibiting an air carrier from imposing fees described in subsection (b) that are unreasonable or disproportional to the costs incurred by the air carrier; and (2) establishing standards for assessing whether such fees are reasonable and proportional to the costs incurred by the air carrier. (b) Fees described The fees described in this subsection are— (1) any fee for a change or cancellation of a reservation for a flight in air transportation; (2) any fee relating to checked baggage or carry-on baggage to be transported on a flight; (3) any fee relating to seat selection or reservations on a flight; (4) any fee relating to changing between flights departing on the same day or flying standby on a flight; and (5) any other fee imposed by an air carrier relating to a flight. (c) Considerations In establishing the standards required under subsection (a)(2), the Secretary shall consider— (1) with respect to a fee described in subsection (b)(1) imposed by an air carrier for a change or cancellation of a flight reservation— (A) any net benefit or cost to the air carrier from the change or cancellation, taking into consideration— (i) the ability of the air carrier to anticipate the expected average number of cancellations and changes and make reservations accordingly; (ii) the ability of the air carrier to fill a seat made available by a change or cancellation; (iii) any difference in the fare likely to be paid for a ticket sold to another passenger for a seat made available by the change or cancellation, as compared to the fare paid by the passenger who changed or canceled the passenger’s reservation; and (iv) the likelihood that the passenger changing or cancelling the passenger's reservation will fill a seat on another flight by the same air carrier; (B) the costs of processing the change or cancellation electronically; and (C) any related labor costs; (2) with respect to a fee described in subsection (b)(2) imposed by an air carrier relating to checked baggage— (A) the costs of processing checked baggage electronically; and (B) any related labor costs; and (3) any other considerations the Secretary considers appropriate. (d) Updated regulations The Secretary shall update the standards required under subsection (a)(2) not less frequently than every 3 years. 202. Protections relating to disclosure of flight information (a) Prohibition on limiting access of consumer to information Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations prohibiting an air carrier from limiting the access of consumers to information relating to schedules, fares, fees, and taxes relating to flights in passenger air transportation. (b) Prohibition on withholding information Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations prohibiting an air carrier, through a global distribution system or otherwise, from withholding flight, fare, scheduling, availability, and other information published by air carriers from consumers and online travel agents and metasearch engines that provide flight search tools. 203. Transparency in pricing of tickets in air transportation Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring— (1) air carriers to provide useable, current, and accurate information in a user-friendly, accessible form, with respect to fares, applicable taxes, and ancillary fees to ticket agents, online travel agents, and metasearch engines that provide flight search tools; (2) air carriers to allow consumers to purchase tickets and pay for applicable taxes and ancillary fees through ticket agents, online travel agents, and metasearch engines that provide flight search tools; (3) air carriers, ticket agents, online travel agents, and metasearch engines that provide flight search tools to disclose all applicable taxes and any ancillary fees charged by an air carrier with respect to a fare that are applicable to the services identified by the purchaser, at any point at which the fare is shown in whole or in part; and (4) air carriers, ticket agents, online travel agents, and metasearch engines that provide flight search tools, in any telephonic communication with a prospective consumer in the United States regarding the cost of air transportation, to inform the consumer of all applicable taxes and any ancillary fees charged by an air carrier in relation to the air transportation and associated services requested by the consumer, at any point at which the cost of the air transportation is disclosed in whole or in part. 204. Disclosure of lowest fares for air transportation (a) In general Section 41712(c)(1) of title 49, United States Code, is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) the lowest available fare options for the flight and for each flight segment of the flight, if applicable. . (b) Regulations The Secretary, in consultation with the Administrator, shall prescribe such regulations as may be necessary to carry out section 41712(c)(1)(C) of title 49, United States Code, as added by subsection (a)(3). 205. Frequent flyer programs fairness and transparency (a) In general Section 41712(c) of title 49, United States Code, is amended by adding at the end the following: (3) Frequent flyer programs It shall be an unfair or deceptive practice under subsection (a) for any air carrier or foreign air carrier that offers a frequent flyer program— (A) to materially change the terms or conditions of the frequent flyer program without providing reasonable notice to consumers; or (B) to unfairly reduce or eliminate benefits earned by members of the frequent flyer program. . (b) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall prescribe such regulations as may be necessary to carry out section 41712(c)(3) of title 49, United States Code, as added by subsection (a). (2) Considerations In prescribing the regulations required under paragraph (1), the Secretary shall— (A) take into consideration— (i) the significance of the change to the frequent flyer program’s terms and conditions; and (ii) the amount of time between the notification provided to a consumer and the date on which the change takes effect; and (B) require each air carrier that offers a frequent flyer program to disclose, in a standardized format, when offering or enrolling consumers into the program, accurate information regarding the program’s rules, including— (i) the rate at which credits are earned; (ii) the minimum number of credits earned per flight; (iii) the number of credits needed for each award; (iv) any applicable deadlines for redeeming credits; (v) any restrictions on the transferability of earned credit and awards; (vi) other conditions and limitations of the program; (vii) the percentage of successful redemptions; and (viii) frequent flyer seats made available in the top origin and destination markets. 206. Refunds for lost, damaged, delayed, or pilfered baggage (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring an air carrier— (1) to promptly provide an automatic refund to a passenger in the amount of any ancillary fee charged by the air carrier for checked baggage if the passenger's checked baggage arrives damaged; and (2) to provide notification to a passenger who is impacted by lost, damaged, delayed, or pilfered baggage, through the passenger's chosen method of communication, of the procedure by which the passenger shall obtain a refund and the amount of the refund. (b) Inclusion in contract of carriage An air carrier shall include the requirements under subsection (a) in the air carrier's contract of carriage. 207. Passenger rights transparency (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring air carriers to notify passengers of their rights and eligibility for refunds, compensation, and protections required by law, including by an air carrier’s contract of carriage, or otherwise available to passengers. (b) Requirements In prescribing the regulations under subsection (a), the Secretary shall require air carriers— (1) to promptly and expressly notify eligible passengers and the public of their eligibility for refunds, compensation, and protections not later than 30 minutes after the air carrier becomes aware that such passengers have become eligible for such refunds, compensation, and protections; (2) if such air carriers permit passengers and other interested persons to subscribe to flight status notification services— (A) to deliver refunds, compensation, and protection notifications to subscribers to such services, by whatever means the air carrier offers that the subscriber chooses; and (B) to incorporate commitments with respect to such services into their customer service plans; (3) to continuously display information and eligibility requirements for refunds, compensation, and protections, including refunds, compensation, and protections relating to— (A) denied boarding and delays and cancellations (including on international flights); and (B) lost, damaged, or delayed luggage; and (4) to prominently display passengers' rights and contact information for the Department of Transportation’s consumer complaint system on boarding passes, computer-generated boarding passes, and ticketed itineraries, and at boarding gates and ticket counters. 208. Private right of action against unfair and deceptive practices Section 41712 of title 49, United States Code, as amended by section 104, is amended by adding at the end the following: (e) Private right of action (1) In general Any individual who purchases a ticket for air transportation and is aggrieved by an action prohibited under this section may file a civil action for damages and injunctive relief in an appropriate district court of the United States or a State court located in the State in which— (A) the unlawful action is alleged to have been committed; or (B) the aggrieved individual resides. (2) Enforcement by a state The attorney general of any State, as parens patriae, may bring a civil action to enforce the provisions of this section in— (A) any district court of the United States in that State; or (B) any State court that is located in that State and has jurisdiction over the defendant. . 209. Fairness and transparency in contracts of carriage (a) In general Subsection (a) of section 429(a) of the FAA Reauthorization Act of 2018 is amended by adding at the end the following: (7) Family seating policies, including seating policies for children under the age of 2. (8) Interline agreements and protections. (9) Such other terms and conditions as the Secretary considers appropriate. . (b) Resubmission Not later than 90 days after the date of enactment of this Act, the Secretary shall require each air carrier to— (1) resubmit the summarized 1-page document described in such section 429 to take into account the amendment made by subsection (a); and (2) make available such revised document in a prominent location on its website pursuant to subsection (b) of such section 429. 210. Private right of action for discrimination claims against air carriers Section 41705 of title 49, United States Code, is amended by adding at the end the following: (d) Civil action (1) In general Any individual who purchases a ticket for air transportation and is aggrieved by a violation by an air carrier of this section or a regulation prescribed under this section may, not later than 2 years after the date of the violation, bring a civil action in an appropriate district court of the United States. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails— (A) the plaintiff may obtain equitable and legal relief, including compensatory and punitive damages; and (B) the court shall award reasonable attorney’s fees, reasonable expert fees, and the costs of the action to the plaintiff. (3) No requirement for exhaustion of remedies An individual described in paragraph (1) is not required to exhaust administrative complaint procedures before filing a civil action under paragraph (1). (4) Rule of construction Nothing in this subsection shall be construed to invalidate or limit other Federal or State laws affording to people with disabilities greater legal rights or protections than those granted in this section. . 211. No preemption of consumer protection claims Section 41713(b)(4) of title 49, United States Code, is amended by adding at the end the following: (D) No preemption of consumer protection claims Nothing in subparagraphs (A) through (C) may be construed— (i) to preempt, displace, or supplant any action for civil damages or injunctive relief based on a State consumer protection statute; or (ii) to restrict the authority of any government entity, including an attorney general of a State, from bringing a legal claim on behalf of the citizens of the State. . 212. Invalidation of pre-dispute arbitration and class-action waiver clauses in certain contracts relating to passenger air transportation (a) Arbitration Notwithstanding any other provision of law, arbitration may be used to settle a controversy arising from or relating to a provision of a contract described in subsection (c) only if, after the controversy arises, all parties to the controversy consent in writing to use arbitration to settle the controversy. (b) Class actions Notwithstanding any other provision of law, an agreement waiving the right of a person to bring, or otherwise prohibiting a person from bringing, a claim regarding a dispute relating to a provision of a contract described in subsection (c) as a class action that had not arisen before the date on which the agreement is executed shall not be enforceable and shall have no force or effect. (c) Contracts described A contract described in this subsection is a contract— (1) for the purchase of a ticket for passenger air transportation; (2) setting forth the terms of a reward program of an air carrier; or (3) setting forth the terms under which an air carrier will provide a credit product. (d) Applicability Subsections (a) and (b) shall apply with respect to contracts entered into or renewed on or after the date of the enactment of this Act. (e) Definitions In this section: (1) Credit product (A) In general The term credit product means a plan offered by, or in partnership with, an air carrier— (i) under which the creditor reasonably contemplates repeated transactions; (ii) that prescribes the terms of such transactions; and (iii) that provides for a finance charge that may be computed from time to time on the outstanding unpaid balance. (B) Inclusion A credit plan or open-end consumer credit plan that is a credit product within the meaning of subparagraph (A) is a credit product even if credit information is verified from time to time. (2) Passenger air transportation The term passenger air transportation means the transportation of passengers and their property by aircraft. (3) Reward program The term reward program means any reward program offered by an air carrier, including a frequent flyer program, under which a consumer earns mileage or other credits from the air carrier that can be exchanged for goods, services, or other benefits. 213. Consumer complaint process improvement (a) In general Section 42302 of title 49, United States Code, as amended by section 423 of the FAA Reauthorization Act of 2018, is amended— (1) by amending subsection (b) to read as follows: (b) Internet website or other online service notice Each air carrier and foreign air carrier shall include on a publicly available internet website, any related mobile device application, and online service— (1) the hotline telephone number established under subsection (a) or the telephone number for the Aviation Consumer Protection Division of the Department of Transportation; (2) an active link and the email address, telephone number, and mailing address of the air carrier or foreign air carrier, as applicable, for a consumer to submit a complaint to the carrier about the quality of service; (3) notice that the consumer can file a complaint with the Aviation Consumer Protection Division of the Department of Transportation; (4) an active link to the internet website of the Aviation Consumer Protection Division of the Department of Transportation for a consumer to file a complaint; and (5) the active link described in paragraph (2) on the same internet website page as the active link described in paragraph (4). ; and (2) by adding at the end the following new subsections: (f) Point of sale Each air carrier, foreign air carrier, and ticket agent shall inform each consumer of a carrier service, at the point of sale, that the consumer can file a complaint about that service with the carrier and with the Aviation Consumer Protection Division of the Department of Transportation. (g) Reporting Requirement Upon receipt of any complaint, an air carrier shall send the content of the complaint to the Aviation Consumer Protection Division of the Department of Transportation. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to implement the requirements of section 42302 of title 49, United States Code, as amended by subsection (a). III Penalties for air carriers 301. Increase in civil penalty for violations of passenger protection laws (a) In general Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: (8) Violations of passenger protection laws The maximum civil penalty specified under paragraph (1) shall not apply with respect to a violation of a law relating to the treatment of passengers in air transportation. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall specify in regulations the provisions of law to which paragraph (8) of section 46301(a) of title 49, United States Code, as added by subsection (a), applies. 302. Report on imposition of civil penalties Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report— (1) listing all complaints received from passengers alleging violations of passenger protection laws; (2) identifying which of such complaints the Secretary investigated; and (3) if the Secretary chose not to pursue the imposition of civil penalties with respect to such complaints, a description of the reasoning of the Secretary for doing so. 303. Study of distribution of civil penalties to consumers (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report— (1) assessing the feasibility and advisability of distributing a civil penalty imposed on an air carrier for a violation of a law relating to the treatment of passengers in air transportation to the passengers affected by the violation; and (2) identifying any provisions of law that would need to be amended to permit such distributions. (b) Consultations The Secretary shall consult with consumer advocacy organizations and the Advisory Committee for Aviation Consumer Protection in developing the report required by subsection (a). 304. Prohibition on negotiation of reductions in civil penalties Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations prohibiting an air carrier from negotiating with the Federal Aviation Administration for a reduction in a civil penalty imposed for a violation of a law relating to the treatment of passengers in air transportation. IV Competitiveness of air carriers 401. Analysis of air carrier mergers (a) In general The Comptroller General of the United States shall conduct a post hoc analysis of the effect on the public interest and the state of competition and choice in the air transportation industry as a result of consolidation of air carriers that occurred on or after January 1, 2000, and before the date of the enactment of this Act. (b) Considerations In conducting the analysis required under subsection (a), the Comptroller General shall consider the extent to which— (1) fares are reasonable and proportional to the costs of the services provided; and (2) between January 1, 2000, and the date of the enactment of this Act— (A) fares have changed; (B) competition and consumer choice have changed; (C) fees imposed by air carriers, including ancillary fees, have changed; (D) configuration of routes has changed and the extent to which the availability of choices on those routes has changed; (E) operational performance has improved; and (F) investment in aircraft, amenities, and workforce has changed. | https://www.govinfo.gov/content/pkg/BILLS-117s3222is/xml/BILLS-117s3222is.xml |
117-s-3223 | II 117th CONGRESS 1st Session S. 3223 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Booker (for himself, Mrs. Murray , Mr. Brown , Mr. Whitehouse , Ms. Warren , Mr. Merkley , Ms. Baldwin , Mr. Blumenthal , Mr. Wyden , Ms. Smith , Mr. Murphy , Mr. Menendez , Mr. Kaine , Ms. Rosen , Ms. Hirono , Ms. Klobuchar , Mr. Heinrich , Mrs. Gillibrand , Mr. Markey , Mrs. Shaheen , Mr. Padilla , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, medication related to contraception, and for other purposes.
1. Short title This Act may be cited as the Access to Birth Control Act . 2. Findings Congress finds as follows: (1) Family planning is basic health care. Access to contraception helps prevent unintended pregnancy and control the timing and spacing of planned births. (2) As a result of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), approximately 64,300,000 women had coverage of the full range of Food and Drug Administration-approved contraceptive methods without cost sharing in 2020. (3) The Patient Protection and Affordable Care Act saved women $1,400,000,000 on birth control pills alone in 2013. (4) According to the Centers for Disease Control and Prevention, nearly 2/3 of women between the ages of 15 and 49 are currently using a contraceptive method. (5) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (6) Each year, approximately 2,800,000 pregnancies, nearly half of all pregnancies, in the United States are unintended. (7) Access to birth control helps people achieve their goals of whether, and when, to get pregnant. However, studies show that when people are unable to access contraceptive care that fits their lives, they are more likely to face unintended pregnancies. (8) Contraceptives are used for a range of medical purposes in addition to preventing pregnancy, such as treating abnormal cycles and endometriosis. (9) The Food and Drug Administration has approved multiple emergency contraceptive methods as safe and effective in preventing unintended pregnancy and has approved over-the-counter access to some forms of emergency contraception for all individuals, regardless of age. If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a person’s chance of unintended pregnancy. (10) Legal contraception is a protected fundamental right in the United States and should not be impeded by one individual’s personal beliefs. (11) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, or provide emergency contraception over-the-counter have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. (12) One-third of women have experienced a delay in accessing their contraception because of the ongoing coronavirus pandemic. The Centers for Disease Control and Prevention recognizes the importance of access to contraception, particularly during the pandemic. (13) Pregnant people have a much higher risk of dying once infected with COVID–19, which highlights the importance of people being able to make and exercise decisions about whether and when to become pregnant. 3. Duties of pharmacies to ensure provision of FDA-approved contraception and medication related to contraception Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. ) is amended by adding at the end the following: 249. Duties of pharmacies to ensure provision of FDA-approved contraception and medication related to contraception (a) In General Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: (1) If a customer requests a contraceptive or a medication related to a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive or the medication related to a contraceptive is provided to the customer without delay. (2) If a customer requests a contraceptive or a medication related to a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception or the medication related to contraception, the pharmacy shall immediately inform the customer that the contraceptive or the medication related to a contraceptive is not in stock and without delay offer the customer the following options: (A) If the customer prefers to obtain the contraceptive or the medication related to a contraceptive through a referral or transfer, the pharmacy shall— (i) locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive or the medication related to a contraceptive in stock; and (ii) refer the customer or transfer the prescription to that pharmacy. (B) If the customer prefers for the pharmacy to order the contraceptive or the medication related to a contraceptive, the pharmacy shall obtain the contraceptive or the medication related to a contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive or the medication related to a contraceptive arrives. (3) The pharmacy shall ensure that— (A) it does not operate an environment in which customers are intimidated, threatened, or harassed in the delivery of services relating to a request for contraception or a medication related to contraception; (B) its employees do not interfere with or obstruct the delivery of services relating to a request for contraception or a medication related to contraception; (C) its employees do not intentionally misrepresent or deceive customers about the availability of contraception or a medication related to contraception or its mechanism of action; (D) its employees do not breach medical confidentiality with respect to a request for a contraception or a medication related to contraception or threaten to breach such confidentiality; or (E) its employees do not refuse to return a valid, lawful prescription for a contraception or a medication related to contraception upon customer request. (b) Contraceptives or medication related to a contraceptive not ordinarily stocked Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives or medication related to a contraceptive in the normal course of business. (c) Refusals Pursuant to Standard Pharmacy Practice This section does not prohibit a pharmacy from refusing to provide a contraceptive or a medication related to a contraceptive to a customer in accordance with any of the following: (1) If it is unlawful to dispense the contraceptive or the medication related to a contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. (2) If the customer is unable to pay for the contraceptive or the medication related to a contraceptive. (3) If the employee of the pharmacy refuses to provide the contraceptive or the medication related to a contraceptive on the basis of a professional clinical judgment. (d) Relation to other laws (1) Rule of construction Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. (2) Certain claims The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title. (e) Preemption This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. (f) Enforcement (1) Civil penalty A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. (2) Private cause of action Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney’s fee and cost. (3) Limitations A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. (g) Definitions In this section: (1) The term contraception or contraceptive means any drug or device approved by the Food and Drug Administration to prevent pregnancy. (2) The term employee means a person hired, by contract or any other form of an agreement, by a pharmacy. (3) The term medication related to contraception or medication related to a contraceptive means any drug or device approved by the Food and Drug Administration that a medical professional determines necessary to use before or in conjunction with contraception or a contraceptive. (4) The term pharmacy means an entity that— (A) is authorized by a State to engage in the business of selling prescription drugs at retail; and (B) employs one or more employees. (5) The term product means a Food and Drug Administration-approved drug or device. (6) The term professional clinical judgment means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. (7) The term without delay , with respect to a pharmacy providing, providing a referral for, or ordering contraception or a medication related to contraception, or transferring the prescription for contraception or a medication related to contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. (h) Effective Date This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3223is/xml/BILLS-117s3223is.xml |
117-s-3224 | II 117th CONGRESS 1st Session S. 3224 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish a program to provide grants to owners of cargo vessels being rerouted from the western seaboard of the United States through the Panama Canal, and for other purposes.
1. Short title This Act may be cited as the Supply Chain Emergency Response Act . 2. Emergency incentive program for rerouting cargo vessels (a) In general The Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall establish a program to provide grants to eligible entities to cover toll costs associated with rerouting cargo vessels from ports along the western seaboard of the United States through the Panama Canal to ports along the Gulf of Mexico and the eastern seaboard of the United States. (b) Grant amount A grant provided under this section shall be in an amount equal to the cost of the toll fees at the Panama Canal. (c) Documentation required To receive a grant under this section, an eligible entity shall submit to the Administrator documentation that such eligible entity— (1) had an agreement to dock a cargo vessel at a port along the western seaboard of the United States and intends to reroute such cargo vessel from such port through the Panama Canal to a port along the Gulf of Mexico or the eastern seaboard of the United States; and (2) has an agreement to dock such cargo vessel at such port along the Gulf of Mexico or the eastern seaboard of the United States. (d) Entities ineligible for grant Any individual who is a member of the Chinese Communist Party or any company owned, in whole or in part, by the Chinese Communist Party may not receive a grant under this section. (e) Definition of eligible entity In this section, the term eligible entity means the owner of a cargo vessel who intends to reroute such cargo vessel from a port along the western seaboard of the United States through the Panama Canal to a destination located in the United States. (f) Funding Notwithstanding any other provision of law, not more than $125,000,000 of the total amount of unobligated funds made available under the CARES Act ( Public Law 116–136 ) may be used to carry out this section. 3. Use of COVID relief funds to offset shipping costs Notwithstanding any other provision of law, a State or unit of local government may use any unobligated funds made available to such State or unit of local government under the CARES Act ( Public Law 116–136 ) for costs related to rerouting cargo vessels from the western seaboard of the United States to the eastern seaboard of the United States. 4. Prohibition on collection of port fees Any marine terminal operator (as defined in section 40102 of title 46, United States Code) that is located along the western seaboard of the United States, and subject to the jurisdiction of the United States, may not collect port fees from a recipient of a grant under section 2 that has rerouted a cargo vessel from such marine terminal operator due to the inability of such marine terminal operator to receive such vessel. 5. Definition of cargo vessel In this Act, the term cargo vessel has the meaning given such term in section 199.30 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act). | https://www.govinfo.gov/content/pkg/BILLS-117s3224is/xml/BILLS-117s3224is.xml |
117-s-3225 | II 117th CONGRESS 1st Session S. 3225 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit any Federal agency from requiring that staff in health care facilities be vaccinated against COVID–19 as a condition of the facility participating in the Medicare, Medicaid, or CHIP programs.
1. Short title This Act may be cited as the Respecting Our Frontline Workers Act . 2. Prohibition on requiring COVID–19 vaccination for staff of health care facilities as a condition of participation in the Medicare, Medicaid, or CHIP programs Neither the head of any Federal agency nor any officer or employee of such an agency shall establish or enforce any requirement that the staff of any health care facility or other health care setting receive a COVID–19 vaccine as a condition of participation in any of the following programs: (1) The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) The Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) The Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s3225is/xml/BILLS-117s3225is.xml |
117-s-3226 | II 117th CONGRESS 1st Session S. 3226 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mrs. Gillibrand (for herself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes.
1. Short title This Act may be cited as the More Options to Develop and Enhance Remote Nutrition in WIC Act of 2021 or the MODERN WIC Act of 2021 . 2. Presence at certification (a) In general Section 17(d)(3)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C) ) is amended— (1) in the subparagraph heading, by striking Physical presence and inserting Presence ; (2) in clause (i), by striking physically present at each certification or recertification determination and inserting present at each certification or recertification, either in person or through video technology permitting 2-way, real-time interactive communications, ; and (3) in clause (ii)— (A) in subclause (I), in the matter preceding item (aa), by striking an infant or child and inserting any eligible individual ; (B) by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively; and (C) by inserting before subclause (II) (as so redesignated) the following: (I) any eligible individual— (aa) who completes the certification process through a telephone appointment or other remote technology; and (bb) for whom all necessary certification information is obtained not more than 90 days before or after the certification appointment; . (b) Technical amendment Section 17(d)(3) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3) ) is amended by conforming the margin of subparagraph (B) to the margin of subparagraph (C). 3. Remote benefit issuance (a) In general Section 17(f)(6)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(6)(B) ) is amended— (1) in the third sentence— (A) by striking vouchers by mail and inserting food instruments ; and (B) by striking The Secretary and inserting the following: (iii) Disapproval of State plan The Secretary ; (2) in the second sentence— (A) by striking vouchers by mail in its plan and inserting food instruments by mail, remote issuance, or other means in the State plan ; and (B) by striking The State and inserting the following: (ii) State plan The State ; and (3) by striking (B) State agencies and all that follows through to obtain vouchers. and inserting the following: (B) Delivery of vouchers (i) In general State agencies may provide for the delivery of food instruments, including electronic benefit transfer cards, to any participant through means that do not require the participant to travel to the local agency to obtain food instruments, such as through mailing or remote issuance. . (b) Regulations The Secretary shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4). 4. Annual investment in WIC technologies Section 17(h) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h) ) is amended— (1) in paragraph (2)(B)— (A) by striking clause (ii); and (B) by striking the subparagraph designation and all that follows through clause (ii) and and inserting the following: (B) Allocation for nutrition services and administration Except as provided in ; and (2) in paragraph (10)— (A) in subparagraph (A), by striking 2010 through 2015 and inserting 2023 through 2028 ; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) $60,000,000 shall be used to establish, develop, improve, replace, or administer technology platforms, including management information systems, that enhance program services, access to the program, or redemption of benefits, of which up to $5,000,000 may be used for Federal administrative costs; and . 5. Report to Congress (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report on the use of remote technologies under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (referred to in this section as the program ). (b) Content of report The report submitted under subsection (a) shall include a description of— (1) the use of remote technologies and other digital tools, including video, telephone, and online platforms— (A) to certify eligible individuals for program services; and (B) to provide nutrition education and breastfeeding support to program participants; (2) the impact of remote technologies, including video, telephone, and online platforms, on certifications, appointments, and participant satisfaction under the program; and (3) best practices— (A) to certify program participants for program services using remote technologies; (B) to incorporate the use of digital tools into the program certification process; (C) to integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and (D) to securely manage program participant data. | https://www.govinfo.gov/content/pkg/BILLS-117s3226is/xml/BILLS-117s3226is.xml |
117-s-3227 | II 117th CONGRESS 1st Session S. 3227 IN THE SENATE OF THE UNITED STATES November 17, 2021 Ms. Duckworth (for herself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require U.S. Citizenship and Immigration Services to facilitate naturalization services for noncitizen veterans who have been removed from the United States or are inadmissible.
1. Short title This Act may be cited as the Strengthening Citizenship Services for Veterans Act . 2. Definitions In this Act: (1) Biometric collection The term biometric collection means the biometric collection described in section 103.2(b)(9) of title 8, Code of Federal Regulations, during which the applicant provides information, including by providing fingerprints, photographs, or signatures, to confirm his or her identity and to satisfy any requirement for background and security checks in connection with an application to become a naturalized citizen of the United States. (2) Eligible veteran The term eligible veteran — (A) means a veteran who is a noncitizen; and (B) includes any veteran who— (i) was removed from the United States; or (ii) is not in the United States and is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (3) Naturalization examination The term naturalization examination means the English and civics test that each noncitizen is required to pass (unless exempted) pursuant to section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ) to become a naturalized citizen of the United States. (4) Noncitizen The term noncitizen means an individual who is not a citizen of the United States. (5) Oath of allegiance The term oath of allegiance means the affirmation and ceremony necessary to become a naturalized citizen of the United States. (6) Veteran The term veteran has the meaning given such term in section 101 of title 38, United States Code. 3. Naturalization examinations and biometric collection for eligible veterans (a) In general The Director of U.S. Citizenship and Immigration Services shall ensure that the naturalization examination for each eligible veteran is conducted at— (1) a United States port of entry that is accessible to the veteran; or (2) a United States embassy or consulate in the country in which the veteran resides. (b) Biometric collection The Director of U.S. Citizenship and Immigration Services shall ensure that biometric collection is made available for each eligible veteran at— (1) a United States port of entry that is accessible to the veteran; or (2) a United States embassy or consulate in the country in which the veteran resides. (c) Oath of allegiance The Director of U.S. Citizenship and Immigration Services shall ensure that the oath of allegiance for each eligible veteran is conducted at— (1) a United States port of entry that is accessible to the veteran; or (2) a United States embassy or consulate in the country in which the veteran resides. 4. Joint guidance from the Secretary of Homeland Security and the Secretary of State The Secretary of Homeland Security and the Secretary of State shall jointly issue guidance regarding— (1) the methods used by the Department of Homeland Security to conduct biometric collections, naturalization examinations, and oath ceremonies for eligible veterans at a United States port of entry, embassy, or consulate; (2) the methods used by the Department of State to facilitate available space for the activities described in paragraph (1); and (3) quality assurance mechanisms to ensure eligible veterans are able to complete the naturalization process at a port of entry, embassy, or consulate. 5. Report (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall jointly submit a report to Committee on Veterans' Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Veterans’ Affairs of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that contains an analysis of— (1) the implementation of this Act; and (2) the effectiveness of the guidance issued pursuant to section 4. (b) Updated guidance Not later than the last day of the 90-day period beginning on the date on which the report is submitted pursuant to subsection (a), the Secretary of Homeland Security and the Secretary of State shall jointly update the guidance required under section 4 to the extent any shortcomings are identified in the report. 6. Rulemaking Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to implement this Act. 7. Effective date; applicability (a) Effective date This Act shall take effect on the date that is 90 days after the date of the enactment of this Act. (b) Applicability The requirements under this Act shall apply to all naturalization examinations involving eligible veterans with a pending naturalization application as of the date of the enactment of this Act or who submit a naturalization application after such date of enactment, regardless of the date on which the veterans were discharged from the military or exited the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3227is/xml/BILLS-117s3227is.xml |
117-s-3228 | II 117th CONGRESS 1st Session S. 3228 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Casey (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to increase the knowledge and skills of principals and school leaders regarding early childhood education.
1. Short title This Act may be cited as the Creating Early Childhood Leaders Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Since principals and school leaders have the second largest in-school impact on student achievement (after teachers), a principal or school leader's knowledge has a substantial impact on the teachers and students under the principal or school leader's supervision. (2) Principals and school leaders are increasingly being asked to supervise teachers and children in pre-kindergarten programs, yet school leaders often do not have training in early childhood education. (3) Given the critical development that occurs in a child’s early life and the impacts of this developmental period on later life outcomes, understanding the standards of early childhood education is particularly important. (b) Purpose The purpose of this Act is to ensure that principals and school leaders are able to effectively support teachers in providing pre-kindergarten students with developmentally appropriate instruction. 3. School leader training regarding early childhood education Section 202(f)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1022a(f)(1)(B) ) is amended— (1) by striking clause (v) and inserting the following: (v) engage and involve parents, community members, the local educational agency, businesses, providers of early childhood education programs, and other community leaders, to leverage additional resources to improve student academic achievement; ; (2) in clause (vi), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (vii) understand child development, social and emotional development, developmentally appropriate behavioral interventions and supports, and effective instructional leadership skills for children from birth through age 8, in order to effectively manage and support developmentally appropriate early childhood education programs. . | https://www.govinfo.gov/content/pkg/BILLS-117s3228is/xml/BILLS-117s3228is.xml |
117-s-3229 | II 117th CONGRESS 1st Session S. 3229 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mrs. Fischer (for herself, Mr. Grassley , Mr. Tester , Mr. Wyden , Ms. Ernst , Mr. Braun , Ms. Smith , Mrs. Hyde-Smith , Mr. Daines , Mr. Cassidy , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes.
1. Short title This Act may be cited as the Cattle Price Discovery and Transparency Act of 2021 . 2. Definitions (a) In general Section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ) is amended— (1) in paragraph (5), by striking cattle, and inserting cattle (including fed cattle), ; (2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (5), (6), (7), (8), (10), (11), (12), (13), (15), (16), and (17), respectively; (3) by inserting after paragraph (3) the following: (4) Fed cattle The term fed cattle means a steer or heifer that has been finished on a ration of roughage and feed concentrates, such as grains, protein meal, grass (forage), and other nutrient-rich feeds, prior to slaughter. ; (4) by inserting after paragraph (8) (as so redesignated) the following: (9) Negotiated grid purchase The term negotiated grid purchase means a purchase of fed cattle by a packer from a producer under which— (A) the buyer-seller interaction results in a negotiated base price, which may be adjusted by premiums and discounts; and (B) the fed cattle are scheduled for delivery to the packer not more than 14 days after the date on which the agreement for purchase is made. ; and (5) by inserting after paragraph (13) (as so redesignated) the following: (14) Regional mandatory minimum The term regional mandatory minimum means, for each reporting region (as designated by the Agricultural Marketing Service), of the quantity of cattle purchased for slaughter by a packer (as defined in section 259(a)) in that region each current slaughter week, the minimum percentage of such cattle that are required to be purchased through negotiated purchases or negotiated grid purchases from producers. . (b) Cattle reporting definitions Section 221 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d ) is amended— (1) by striking paragraph (3) and inserting the following: (3) Formula marketing arrangement The term formula marketing arrangement means the advance commitment of cattle for slaughter— (A) by any means other than through a negotiated purchase, negotiated grid purchase, or forward contract; and (B) using a method for calculating price— (i) under which the price is determined at a future date; and (ii) the basis of which is a price established for a specified market, which may be based on any publicly reported price, including plant average price, regional price, downstream price, or some other mutually agreeable price source. ; (2) in paragraph (8)(B), by striking market and inserting marketing ; (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (4), (5), (7), (8), (10), and (12), respectively; (4) by inserting after paragraph (2) the following: (3) Contract (A) In general The term contract means any agreement, written or oral, between a packer and a producer for the purchase of fed cattle for slaughter. (B) Exclusion The term contract does not include a contract for a negotiated purchase. ; (5) by inserting after paragraph (5) (as so redesignated) the following: (6) Heifer The term heifer means a bovine female that has not given birth to a calf. ; (6) by inserting after paragraph (8) (as so redesignated) the following: (9) Steer The term ‘steer’ means a bovine male castrated before reaching sexual maturity. ; and (7) by inserting after paragraph (10) (as so redesignated) the following: (11) Type of contract (A) In general The term type of contract means the classification of a contract for the purchase of cattle— (i) into 1 of the categories described in subparagraph (B); and (ii) by determining the base price of the cattle. (B) Categories The categories for classification of a type of contract are the following: (i) Formula marketing arrangement. (ii) Forward contract. (iii) Negotiated grid purchase contract. . 3. 14-day cattle slaughter (a) Definition of cattle committed Section 221(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d(1) ) is amended by striking 7-day and inserting 14-day . (b) Mandatory reporting for live cattle Section 222(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c) ) is amended— (1) in paragraph (1)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking the information and inserting information reported under this subsection ; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) Prior day reporting (A) In general The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). (B) Information required The information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle, organized by cattle type, scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days. . 4. Daily formula base price reporting Section 222(c)(1)(A) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c)(1)(A) ) is amended in the matter preceding clause (i) by inserting (including base price information for cattle purchased through a formula marketing arrangement) after day . 5. Expedited carcass weights reporting Section 222 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e ) is amended by adding at the end the following: (f) Expedited carcass weights (1) Determination Not later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2021 , the Secretary shall determine the minimum amount of time needed by the Secretary to publicly report the daily average carcass weight of cattle slaughtered by packer processing plants. (2) Reporting Not later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph. . 6. Cattle contract library Chapter 2 of subtitle B of the Agricultural Marketing Act of 1946 is amended— (1) by redesignating section 223 ( 7 U.S.C. 1635f ) as section 224; and (2) by inserting after section 222 ( 7 U.S.C. 1635e ) the following: 223. Cattle contract library (a) In general Subject to the availability of appropriations to carry out this section, the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog of each type of contract offered by packers to producers for the purchase of all or part of the production of the producers of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the contract. (b) Information collection (1) In general To maintain the library or catalog established under subsection (a), the Secretary shall obtain information from each packer on each type of existing contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contracted cattle information Information submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, and transportation arrangements; (E) the total number of cattle covered by the contract solely committed to the packer each week within the 6-month and 12-month periods following the date of the contract, organized by reporting region; (F) in the case of a contract in which a specific number of cattle are not solely committed to the packer— (i) an indication that the contract is an open commitment; and (ii) any weekly, monthly, annual, or other limitations on the number of cattle that may be delivered to the packer under the contract; and (G) a description of the provisions in the contract that provide for expansion in the numbers of fed cattle to be delivered under the contract for the 6-month and 12-month periods following the date of the contract. (c) Availability of information (1) In general The Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of contracts in the library or catalog established under subsection (a), including notice (on a real-time basis, if practicable) of the types of contracts that are being offered by packers to, and are open to acceptance by, producers for the purchase of fed cattle. (2) Monthly report (A) In general Beginning 30 days after the library or catalog is established under subsection (a), the Secretary shall make the information obtained each month in the library or catalog available in a monthly report to producers and other interested persons. (B) Contents The monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under contracts for delivery to packers within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract; (ii) based on the information collected under subsection (b)(2)(F), the number of contracts with an open commitment and any weekly, monthly, annual, or other limitations on the number of cattle that may be delivered under such contracts; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of the total maximum number of fed cattle that may be delivered within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract. (d) Maintenance of library or catalog Information in the library or catalog established under subsection (a) about types of contracts that are no longer offered or in use shall be removed from the library or catalog. (e) Confidentiality The reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations It shall be unlawful and a violation of this Act for any packer to willfully fail or refuse— (1) to provide to the Secretary accurate information required under this section; or (2) to comply with any other requirement of this section. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . 7. Public availability of information Section 251(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary shall make available to the public information and inserting the following: (1) In general The Secretary shall make available to the public all information ; and (3) by adding at the end the following: (2) Effect Nothing in this section permits the Secretary, or any officer or employee of the Secretary, to withhold from the public the information, statistics, and documents described in paragraph (1). . 8. Cash market acquisition of cattle (a) Sense of the Senate It is the sense of the Senate that— (1) all participants in the fed cattle market have a responsibility to contribute to regionally sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve robust price discovery; and (2) the Department of Agriculture should examine existing academic literature regarding minimum levels of cash transactions necessary to achieve robust price discovery and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Amendment Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636 et seq. ) is amended— (1) by redesignating sections 259 and 260 as sections 260 and 261, respectively; and (2) by inserting after section 258 the following: 259. Regional mandatory minimums for negotiated purchases and negotiated grid purchases (a) Definition of packer (1) In general In this section, the term packer has the meaning given the term in section 221. (2) Exclusion In this section, the term packer does not include a packer that slaughters cattle at only 1 livestock processing plant. (b) Establishment (1) In general Not later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2021 , the Secretary, in consultation with the Chief Economist, shall establish— (A) regional mandatory minimums for the purpose of enhancing price discovery, transparency, and cattle producer leverage for cattle market participants; and (B) methods for establishing those regional mandatory minimums, which shall be publicly available. (2) Purchases A packer shall, with respect to a packer processing plant, purchase by negotiated purchase or negotiated grid purchase the percentage of cattle required by the regional mandatory minimum established for the region in which the packer processing plant is located. (c) Public input In carrying out subsection (b), the Secretary shall make all proposed regional mandatory minimums and proposed methods for establishing those minimums subject to a notice and comment period. (d) Duration Regional mandatory minimums established for each reporting region under subsection (b)(1) shall be applicable for not more than a 24-month period. (e) Considerations In carrying out subsection (b) for each reporting region, the Secretary, in consultation with the Chief Economist, shall consider the following factors: (1) The number of packers in the reporting region. (2) The availability of cattle in the reporting region. (3) Pre-existing contractual arrangements of packers in the reporting region. (4) The number of pricing transactions (pens of cattle sold) in the reporting region. (f) Initial requirement (1) In general Subject to paragraph (2), the initial regional mandatory minimums established for each reporting region under subsection (b)(1) shall be not less than the average percentage of negotiated purchases and negotiated grid purchases in that region from the preceding 18 months. (2) Requirement No initial regional mandatory minimum established for a reporting region under paragraph (1) shall exceed 300 percent of the lowest initial regional mandatory minimum established under that paragraph for a region that has publicly reported a majority of weekly market information during the previous 18 months. (g) Biannual review On establishing regional mandatory minimums under subsection (b)(1), the Secretary— (1) shall review the regional mandatory minimums not less frequently than once every 2 years; and (2) shall, in consultation with the Chief Economist— (A) maintain existing regional mandatory minimums; or (B) modify the regional mandatory minimums after— (i) consulting with representatives of the United States cattle and beef industry; and (ii) making the proposed modification subject to a notice and comment period. (h) Enforcement On establishing regional mandatory minimums under subsection (b)(1), the Secretary shall— (1) regularly monitor compliance by packers with those regional mandatory minimums; and (2) enforce this section in accordance with section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 ). (i) Cost-Benefit analysis Not later than 2 years after establishing regional mandatory minimums under subsection (b)(1), the Secretary, in consultation with the Chief Economist, shall conduct a quantifiable, data-driven cost-benefit analysis regarding the operation and effect of those regional mandatory minimums. (j) Application This section shall apply only with respect to the reporting regions designated by the Agricultural Marketing Service. . 9. Maximum penalty amount The Secretary of Agriculture shall revise section 3.91(b)(1)(lvi) of title 7, Code of Federal Regulations (or a successor regulation), to establish a maximum civil penalty of $86,156, which shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note). | https://www.govinfo.gov/content/pkg/BILLS-117s3229is/xml/BILLS-117s3229is.xml |
117-s-3230 | II 117th CONGRESS 1st Session S. 3230 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the establishment of a working group to evaluate the food safety threat posed by beef imported from Brazil, and for other purposes.
1. Working group on beef imported from Brazil (a) Establishment of working group (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall establish a working group— (A) to evaluate the food safety threat posed by beef and beef products imported from Brazil; and (B) to make recommendations to the Secretary with respect to whether the importation of beef and beef products from Brazil into the United States should be permitted. (2) Membership The Secretary shall ensure that the working group established under paragraph (1) includes— (A) experts on food safety; and (B) representatives of U.S. Customs and Border Protection and other Federal agencies with responsibilities relating to international trade. (b) Temporary suspension of imports Beef and beef products imported from Brazil may not enter the United States during the period— (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the working group established under subsection (a)(1) submits to the Secretary the recommendations required by subparagraph (B) of that subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s3230is/xml/BILLS-117s3230is.xml |
117-s-3231 | II 117th CONGRESS 1st Session S. 3231 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Wyden (for himself and Ms. Lummis ) 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 require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes.
1. Short title This Act may be cited as the Closing the Warrantless Digital Car Search Loophole Act of 2021 . 2. Vehicle data (a) In general Part I of title 18, United States Code, is amended by adding at the end the following: 124 Accessing vehicle data. Sec. 2730. Definitions. 2731. Prohibition on access to vehicle data. 2732. Prohibition on use of acquired information as evidence. 2730. Definitions In this chapter: (1) Access The term access — (A) means any retrieval of covered vehicle data, regardless of— (i) whether the data is obtained as the information is being produced or from digital storage; and (ii) where the vehicle data is stored or transmitted, including by wire or radio; and (B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ). (2) Consent The term consent — (A) means an affirmative, express, and voluntary agreement that— (i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; (ii) specifies the type of content, access credential, or online account information the person is providing access to; (iii) specifies the time period of the covered vehicle data to be accessed; (iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; (v) does not involve sanctions or the threat of sanctions for withholding consent; and (vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and (B) does not include consent obtained through agreement to a generic privacy policy. (3) Covered vehicle data The term covered vehicle data — (A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder The term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle The term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator The term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought; and (B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. 2731. Prohibition on access to vehicle data (a) In general Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 , 1823). (b) Exceptions (1) Consent (A) In general An investigative or law enforcement officer may access covered vehicle data if— (i) the vehicle operator provides prior consent to such access; and (ii) no passenger 14 years of age or older objects to the access. (B) Vehicle owner If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. (C) Unlawful possession No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual— (i) is the vehicle operator who is in unlawful possession of the vehicle; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent Consent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency (A) In general An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2732. Prohibition on use of acquired information as evidence (a) In general If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause No data described in section 2731(b)(3) may be used to establish probable cause. . (b) Technical and conforming amendments (1) Driver Privacy Act of 2015 Section 24302 of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note) is amended— (A) in subsection (b), in the matter preceding paragraph (1), by striking Data and inserting Except as provided in subsection (c), data ; and (B) by adding at the end the following: (c) Investigative or law enforcement officers An investigative or law enforcement officer may only access or retrieve data recorded or transmitted by an event data recorder described in subsection (a) in accordance with chapter 124 of title 18, United States Code. . (2) Table of chapters The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: 124. Accessing vehicle data 2730 . | https://www.govinfo.gov/content/pkg/BILLS-117s3231is/xml/BILLS-117s3231is.xml |
117-s-3232 | II 117th CONGRESS 1st Session S. 3232 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Casey (for himself, Ms. Klobuchar , Mr. Blumenthal , Mr. Cotton , Mr. Markey , Ms. Cortez Masto , Ms. Smith , Ms. Warren , Mr. Coons , Mrs. Feinstein , Ms. Baldwin , Mr. Cardin , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Consumer Product Safety Commission to promulgate a consumer product safety rule for free-standing clothing storage units to protect children from tip-over related death or injury, and for other purposes.
1. Short title This Act may be cited as the Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act . 2. Consumer product safety standard to protect against tip-over of clothing storage units (a) Clothing storage unit defined In this section, the term clothing storage unit means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture. (b) CPSC determination of scope The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) for purposes of the standard promulgated under subsection (c) based on tip-over data as reasonably necessary to protect children up to 72 months of age from injury or death. (c) Consumer product safety standard required (1) In general Except as provided in subsection (d)(1), not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall— (A) in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and (B) in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for clothing storage units to protect children from tip-over-related death or injury that includes— (i) tests that simulate the weight of children up to 60 pounds; (ii) objective, repeatable, and measurable tests that simulate real world use and account for any impact on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, or dynamic force; (iii) testing of all clothing storage units, including those 27 inches and above in height; (iv) tests that permit incorporated safety features (excluding tip restraints) to work as intended if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as tests developed pursuant to clauses (i) through (iii); and (v) warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission shall strengthen the requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from tip-over-related death or injury. (2) Treatment of standard A consumer product safety standard promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). (d) Subsequent rulemaking (1) In general At any time subsequent to the publication of a consumer product safety standard under subsection (c)(1), the Commission shall initiate a rulemaking, in accordance with section 553 of title 5, United States Code to modify the requirements of the consumer product safety standard described in subsection (c)(1) if the Commission determines that such modifications are reasonably necessary to protect children from tip-over-related death or injury. (2) Revision of rule (A) In general If the Commission receives a petition for a new or revised test under subsection (c)(1)(B)(iv), the Commission shall determine within 120 days— (i) whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 9(i) of the Consumer Product Safety Act ( 15 U.S.C. 2058(i) ); and (ii) whether the petition demonstrates that the test could reasonably meet the requirements of subsection (c)(1)(B)(iv), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate a rulemaking, in accordance with section 553 of title 5, United States Code, to revise the consumer product safety standard described in subsection (c)(1) to include the new or revised text. (B) Revisions based on growth charts If, after the date of the enactment of this Act, the Centers for Disease Control and Prevention revises its Clinical Growth Charts, the consumer product safety standard described in subsection (c)(1) shall, on the date that is 180 days after such revision, be revised to include tests that simulate the weight of children up to the 95th percentile weight of children 72 months in age, as depicted in the revised Centers for Disease Control and Prevention Clinical Growth Charts, unless the Commission determines the modification is not reasonably necessary to protect children from tip-over-related death or injury. (3) Treatment of rules Any rule promulgated under paragraph (1) or revision made pursuant to paragraph (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3232is/xml/BILLS-117s3232is.xml |
117-s-3233 | II 117th CONGRESS 1st Session S. 3233 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Collins (for herself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money.
1. Short title This Act may be cited as the Clean Cooking Support Act . 2. Findings Congress makes the following findings: (1) Almost 3,000,000,000 people, representing more than one-third of the global population, rely on open fires or inefficient, polluting, and unsafe cookstoves using wood, charcoal, kerosene, agricultural waste, animal dung, coal, or other fuels. The majority of people using these types of cookstoves and fuels are in developing countries in Asia, Africa, and Latin America. (2) Smoke from the use of traditional cookstoves and open fires contribute to household air pollution that causes illnesses that disproportionately affect women and young children. Such illnesses include low birth weight, pneumonia, cardiovascular disease, chronic obstructive pulmonary disease, lung cancer, and other respiratory illnesses. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. Household air pollution does not remain in the home and contributes to more than 10 percent of global ambient air pollution. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. In 2019, more than 600,000 deaths were attributed to ambient air pollution stemming from the household combustion of solid fuels. (4) According to the World Health Organization, the large-scale use of wood, charcoal, and kerosene for traditional cooking fuel accounts for 1.5–3.0 percent of global CO 2 emissions, which is a significant contributor to air pollution. 3. Statement of policy It is the policy of the United States to reduce the adverse effects of household energy use in its foreign assistance programs and activities, as appropriate, including through— (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves and fuels to help ensure minimum standards for efficiency and emissions to lower health and environmental impacts; (2) diplomatic engagement to encourage a commercial market for clean cookstoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing and other investment, and foster women-owned businesses along the entire business value chain; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean cookstoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term humanitarian and empowerment programs aimed at assisting women, girls, and other vulnerable populations; (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of clean cookstoves and fuels; (6) dissemination of cookstove standards to lower environmental and health impacts associated with cook stoves through the International Organization for Standardization process for household, institutional, or commercial use; and (7) political engagement with low-to-middle-income countries to include cookstove and household energy emission reduction goals in their Nationally Determined Contributions (NDCs), guidance on implementation of the NDCs, and monitoring and verification frameworks. 4. Clean Cooking Interagency Working Group (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly establish the Clean Cooking Interagency Working Group (referred to in this section as the Working Group ), consisting of representatives from the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, the Environmental Protection Agency, and any other Federal agency that the Secretary and the Administrator may designate to assist with overseeing the planning, management, and coordination of initiatives to increase the number of clean cookstoves and fuels worldwide. (b) Responsibilities The Working Group shall— (1) establish goals and priorities for increasing the number of clean cookstoves and fuels worldwide; and (2) provide for interagency coordination, including budget coordination, of activities under this Act. (c) Governance The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. (d) Meetings Members of the Working Group shall meet not later than 90 days after the Working Group is established pursuant to subsection (a), and quarterly thereafter, to carry out the responsibilities described in subsection (b). 5. Clean cooking program (a) Department of State; United States Agency for International Development The Secretary of State and the Administrator of the United States Agency for International Development shall work with the Clean Cooking Alliance, founded in 2010— (1) to engage in a wide range of diplomatic activities, including with countries across the globe and with United States embassies abroad, to support activities of the Clean Cooking Alliance and the clean cookstoves and fuels sector; (2) to continue the clean cooking initiatives supported by the Climate and Clean Air Coalition, an intergovernmental organization formed in 2012, to reduce emissions of climate pollutants; (3) to advance programs that support the adoption of affordable cookstoves that require less fuel to meet household energy needs and release fewer pollutants, as a means to improve health, reduce environmental degradation, mitigate climate change, foster economic growth, and empower women; and (4) to carry out other activities authorized under this Act. (b) Department of Energy The Secretary of Energy shall work with the Clean Cooking Alliance— (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low-emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (c) National Institutes of Health The Director of the National Institutes of Health shall work with the Clean Cooking Alliance— (1) to support health research and training to improve the health and lives of those at risk from household burning of solid fuels, including— (A) dedicated resources for research on household air pollution to ensure adoption of life-saving interventions and policy formulation; and (B) regional network research and training hubs in global environmental health and occupational health with a household air pollution focus; and (2) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance— (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. (e) Environmental Protection Agency The Administrator of the Environmental Protection Agency shall work with the Clean Cooking Alliance— (1) to conduct cookstove and fuel testing and evaluation in the lab and in the field, including by— (A) evaluating energy efficiency and air pollutant emissions that impact human health and the environment; (B) building the capacity of regional stove testing and knowledge centers around the world; and (C) developing international standards regarding fuel use, emissions, and safety of cookstoves and fuels; (2) to conduct climate, health, and air quality research, including with United States institutions of higher education, regarding the air quality and climatic benefits of interventions for cookstoves and residential burning, and to continue the clean cooking initiatives supported by the Climate and Clean Air Coalition to reduce emissions of climate pollutants; (3) to provide technical and policy expertise and to help the Clean Cooking Alliance align with ongoing international efforts in the field; and (4) to carry out other activities authorized under this Act. (f) Other Federal agencies Other Federal agencies may engage with the Clean Cooking Alliance or other agencies, as appropriate, to further the policy described in section 3. 6. Reporting requirements (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . (b) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees that describes the progress made to further the policy described in section 3. (c) Information included in reports Each report submitted pursuant to subsection (b) shall include— (1) the indicators used by the Department of State and each Federal agency participating in the interagency working group established pursuant to section 4(a) to monitor and evaluate the progress made by each such agency to further the policy described in section 3; (2) data pertaining to populations served in United States Government-funded cookstoves and fuels programming; (3) information regarding United States Government investments in clean cookstoves and fuels programming, including funding that has been planned, appropriated, obligated, or expended during the most recently concluded fiscal year and cumulatively for the 5 most recently concluded fiscal years; and (4) information regarding the progress made toward increasing collaboration among Federal agencies to further the policy described in section 3, including interagency research efforts and collaboration with international research partners. (d) Public availability The President shall make the report required under subsection (b) available to the public. 7. Authorizations of appropriations There are authorized to be appropriated for fiscal years 2022 through 2027 such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3233is/xml/BILLS-117s3233is.xml |
117-s-3234 | II 117th CONGRESS 1st Session S. 3234 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Ossoff (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for outreach and assistance to historically Black colleges and universities regarding Defense Innovation Unit programs.
1. Short title This Act may be cited as the HBCU National Security Innovation Act of 2021 . 2. Outreach to historically Black colleges and universities and minority serving institutions regarding Defense Innovation Unit programs that promote entrepreneurship and innovation at institutions of higher education (a) Pilot program The Under Secretary of Defense for Research and Engineering may establish activities, including outreach and technical assistance, to better connect historically Black colleges and universities and minority serving institutions to the programs of the Defense Innovation Unit and its associated programs. (b) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the results of any activities conducted under subsection (a), including the results of outreach efforts, the success of expanding Defense Innovation Unit programs to historically Black colleges and universities and minority serving institutions, the barriers to expansion, and recommendations for how the Department of Defense and the Federal Government can support such institutions to successfully participate in Defense Innovation Unit programs. | https://www.govinfo.gov/content/pkg/BILLS-117s3234is/xml/BILLS-117s3234is.xml |
117-s-3235 | II 117th CONGRESS 1st Session S. 3235 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Menendez (for himself, Mr. Brown , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To apply the Truth in Lending Act to small business financing, and for other purposes.
1. Short title This Act may be cited as the Small Business Lending Disclosure Act of 2021 . 2. Application of the Truth in Lending to small business financing (a) In general The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 6 Small Business Financing 191. Definitions. 192. Application of this title to small business financing. 193. Additional disclosures. 194. Restrictions on double-dipping. 195. Additional provisions. 191. Definitions In this chapter: (1) Closed-end commercial credit The term closed-end commercial credit — (A) means a closed-end extension of credit, secured or unsecured, including financing with an established principal amount and including equipment financing that does not meet the definition of a lease under the Uniform Commercial Code (U.C.C.—§ 2A–103(j)) the proceeds of which the recipient does not intend to use primarily for personal, family or household purposes; and (B) includes financing with an established principal amount and duration. (2) Consumer financial product or service The term consumer financial product or service has the meaning given that term under section 1002 of the Consumer Financial Protection Act of 2010. (3) Director The term Director means the Director of the Bureau. (4) Factoring The term factoring means a transaction that includes an agreement to purchase, transfer, or sell a legally enforceable claim for payment held by a recipient for goods the recipient has supplied or services the recipient has rendered that have been ordered but for which payment has not yet been made. (5) Finance charge (A) In general The term finance charge means the cost of financing as a dollar amount, and includes any charge payable directly or indirectly by the recipient of the financing and imposed directly or indirectly by the provider of the financing as an incident to or a condition of the extension of financing. (B) Calculation in open-end commercial credit plans In any open-end commercial credit plan, the finance charge shall be computed assuming the maximum amount of credit available to the recipient, in each case, is drawn and repaid at the minimum rate. (C) Calculation in factoring transactions In any factoring transaction, the finance charge shall include the discount taken on the face value of the accounts receivable. (D) Calculation in lease financing transactions In any lease financing transaction, the finance charge shall include the sum of the lease payments and, if there is a fixed-price purchase option or a purchase option with a price that can be calculated at the time of disclosure, the purchase price listed in the contract that the lessee may pay to acquire the leased goods at the end of the lease, minus— (i) if the finance company selects, manufactures, or supplies the goods to be leased, the price that the finance company would sell the goods in a cash transaction; or (ii) if the finance company does not select, manufacture, or supply the goods to be leased, the price the finance company will pay to acquire the property to be leased. (E) Inclusion of certain prepayment charges (i) In general If, as a condition of obtaining the offered commercial financing the provider requires the recipient to pay off the balance of an existing loan or advance from the same provider, any prepayment charge or penalty required to be paid on the existing financing shall be included as a financing charge. (ii) Treatment when repayment amount is calculated as a fixed amount For purposes of clause (i), for financing for which the total repayment amount is calculated as a fixed amount, the prepayment charge is equal to the original finance charge multiplied by the required prepayment amount as a percentage of the total repayment amount, minus any portion of the total repayment amount forgiven by the provider at the time of prepayment. (6) Open-end commercial credit plan The term open-end commercial credit plan means any small business financing provided by a person under a plan in which the person reasonably contemplates repeat transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. (7) Provider The term provider mean a person who offers or provides small business financing. (8) Recipient The term recipient means a person who is presented an offer of small business financing. (9) Sales-based financing The term sales-based financing — (A) means a transaction where there is an extension of financing to a recipient that is repaid by the recipient, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient; and (B) includes transactions with a true-up mechanism . (10) Small business The term small business has the meaning given the term small-business concern under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (11) Small business financing The term small business financing — (A) means any line of credit, closed-end commercial credit, sales-based financing, or other non-equity obligation or alleged obligation of a partnership, corporation, cooperative, association, sole proprietorship, or other entity that is $2,500,000 or less; and (B) does not include any obligation or alleged obligation of an individual that is primarily for personal, family, or household purposes. (12) Specific offer The term specific offer means the specific terms of small business financing, including price or amount, that is quoted to a recipient, based on information obtained from, or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. 192. Application of this title to small business financing (a) In general This title shall apply to small business financing made to a small business to the same extent as this title applies to extensions of credit made to a consumer. (b) Rulemaking The Director shall issue such rules as may be required to carry out this chapter. (c) Bureau authority For purposes of carrying out this chapter and other Federal laws, including the Consumer Financial Protection Act of 2010, the Bureau shall have the same authority with respect to small business financing as the Bureau has with respect to consumer financial products and services. 193. Additional disclosures (a) In general Any provider offering small business financing to a small business shall disclose the following pieces of information to a recipient at the time of extending a specific offer for small business financing: (1) Financing amount The total amount to be paid to the small business, taking into account all fees and charges to be withheld at disbursement. (2) Annual percentage rate (A) Closed-end commercial credit With respect to closed-end commercial credit, the annual percentage rate, using only the words annual percentage rate or the abbreviation APR , expressed as a yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient. (B) Open-end commercial credit plans With respect to open-end commercial credit plans, the annual percentage rate, using only the words annual percentage rate or the abbreviation APR , expressed as a nominal yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient, based on the maximum amount of credit available to the recipient and the term resulting from making the minimum required payments term as disclosed. (C) Sales-based financing (i) In general With respect to sales-based financing, the estimated annual percentage rate, using the words annual percentage rate or the abbreviation APR , expressed as a yearly rate, inclusive of any fees and finance charges, based on the estimated term of repayment and the projected periodic payment amounts. (ii) Calculation of certain payment amounts The estimated term of repayment and the projected periodic payment amounts shall be calculated based on the projection of the recipient’s sales, called the projected sales volume. (iii) Calculation of projected sales volumes For purposes of clause (ii), the projected sales volume may be calculated— (I) according to a method defined by the Director based on the recipient’s historical sales volume over a defined period of time that is used for all sales-based financing transactions by that provider; or (II) by another method defined by the provider and approved by the Director, with ongoing monitoring by the Director for accuracy based on a comparison of the annual percentage rate as disclosed to the recipient and as calculated retrospectively upon repayment of the financing. (D) Factoring (i) In general With respect to factoring, the estimated annual percentage rate, using that term. (ii) Calculation To calculate the estimated annual percentage rate under clause (i)— (I) the purchase amount shall be considered the financing amount; (II) the purchase amount minus the total cost of financing shall be considered the payment amount; and (III) the term is established by the payment due date of the receivables. (iii) Alternate method to estimate term Notwithstanding clause (ii)(III), a provider may estimate the term for a factoring transaction as the average payment period, its historical data over a period not to exceed the previous twelve months, concerning payment invoices paid by the party owing the accounts receivable in question. (3) Payment amount With respect to small business financing other than factoring— (A) for payment amounts that are fixed— (i) the payment amounts and frequency (e.g., daily, weekly, monthly); and (ii) if the term is longer than one month and payment frequency is other than monthly, the average total monthly payment amount; or (B) for payment amounts that are variable— (i) a full payment schedule or a description of the method used to calculate the amounts and frequency of payments; and (ii) if the term is longer than one month, the estimated average total monthly payment amount. (4) Term For financing other than factoring, the term of the small business financing, either in months or in years, or, if the term is not fixed, the estimated term, calculated using the same assumptions used to calculate the estimated annual percentage rate. (5) Finance charge The finance charge of the small business financing, broken down to show what expenses and fees are included in the finance charge. (6) Prepayment cost or savings In the event that a recipient elects to pay off or refinance the small business financing prior to full repayment, the provider must disclose— (A) whether the recipient would be required to pay any finance charges other than interest accrued since the recipient’s last payment; (B) if the recipient is required to pay the finance charges described under subparagraph (A), the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and (C) whether the recipient would be required to pay any additional fees not already included in the finance charge. (7) Collateral requirements Any collateral requirement that will be imposed on the small business in connection with the small business financing. (b) Form of disclosures (1) In general Disclosures made pursuant to this section shall be in writing, at the time a specific offer is made, and in a manner that is clear, conspicuous, complete, and allows the small business to compare the range of small business financing options that the small business may be considering. (2) Prominence of disclosures In making any disclosure pursuant to this section, the disclosures required under paragraphs (1), (2), and (3) of subsection (a) shall be displayed most prominently. 194. Restrictions on double-dipping When a lender of small business financing refinances or modifies an existing loan with a fixed fee as the primary financing charge, the lender may not charge a fee on the small business’s outstanding principal unless there is a tangible benefit to the small business. 195. Additional provisions (a) Rule of construction Nothing in this chapter may be construed to prevent a provider from providing or disclosing additional information on a small business financing being offered to a recipient, provided however, that such additional information may not be disclosed as part of the disclosure required by this chapter. (b) Use of terms (1) Rate If other metrics of financing cost are disclosed or used in the application process of a small business financing, these metrics shall not be presented as a rate if they are not the annual interest rate or the annual percentage rate. (2) Interest The term interest , when used to describe a percentage rate to a recipient or potential recipient, shall only be used to describe annualized percentage rates, such as the annual interest rate. (c) Requirement To state APR When a provider states in writing a rate of finance charge or a financing amount to a recipient during an application process for small business financing, the provider shall also state the annual percentage rate or, in the case of sales-based financing or factoring, the estimated annual percentage rate, with equal or greater prominence, using the term annual percentage rate or the abbreviation APR . . (b) Clerical amendment The table of chapters for the Truth in Lending Act is amended by adding at the end the following: 6. Small Business Financing ... 191 . (c) Rulemaking deadline Not later than the end of the 24-month period beginning on the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall issue final rules to carry out the amendments made by this section. (d) Effective date Chapter 6 of the Truth in Lending Act, as added by subsection (a), shall take effect after the end of the 36-month period beginning on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3235is/xml/BILLS-117s3235is.xml |
117-s-3236 | II 117th CONGRESS 1st Session S. 3236 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Klobuchar (for herself, Mr. Thune , Mr. Hickenlooper , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to reform the contribution system of the Universal Service Fund, and for other purposes.
1. Short title This Act may be cited as the Reforming Broadband Connectivity Act of 2021 . 2. Study and report Not later than 120 days after the date of enactment of this Act, the Federal Communications Commission (referred to in this Act as the Commission ) shall— (1) conduct a study assessing the need to expand the contribution base of the Universal Service Fund to ensure that the contribution requirement under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ) is imposed fairly and equitably; and (2) submit to Congress a report on the results of the study conducted under paragraph (1). 3. Universal service fund contribution system reform (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to reform the contribution system of the Universal Service Fund, including by expanding the contribution base of the Universal Service Fund. (b) Considerations In conducting the rulemaking required under subsection (a), the Commission shall consider— (1) the relative equities and burdens of the proposed changes to the contribution system of the Universal Service Fund with respect to consumers and businesses; (2) the impact of the proposed changes to the contribution system of the Universal Service Fund on seniors; and (3) the findings and recommendations in the report submitted under section 2(2). | https://www.govinfo.gov/content/pkg/BILLS-117s3236is/xml/BILLS-117s3236is.xml |
117-s-3237 | II 117th CONGRESS 1st Session S. 3237 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Schatz (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 49, United States Code, to include affordable housing incentives in certain capital investment grants, and for other purposes.
1. Short title This Act may be cited as the Build More Housing Near Transit Act of 2021 . 2. Affordable housing incentives in capital investment grants Section 5309 of title 49, United States Code, is amended— (1) in subsection (g)— (A) in paragraph (2)(B)— (i) in clause (i) by striking ; and and inserting a semicolon; (ii) in clause (ii) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) allow a weighting of up to five percentage points greater to the criteria relating to economic development under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, and up to five percentage points lesser to the lowest scoring criteria under either such subsection, if the applicant demonstrates substantial effort to preserve or encourage affordable housing near the project by— (I) conducting a housing feasibility assessment; (II) providing documentation of policies that allow for the approval of multi-family housing, single room occupancy units, and accessory dwelling units without a discretionary review process; (III) providing local capital sources for transit-oriented development; or (IV) other methods to preserve or encourage affordable housing near the project, as determined appropriate by the Secretary. ; and (B) by adding at the end the following: (9) Definition In this subsection, the term housing feasibility assessment means an analysis of the physical, legal, and financial viability of developing additional housing along a project corridor, including affordable housing. ; and (2) in subsection (l), by adding at the end the following: (9) Inclusion of certain costs In determining net project costs for purposes of determining the Government share of the cost of a project under this section, a project sponsor may— (A) include costs related to the planning or development of affordable housing located within one-half of a mile of a new defined station funded by amounts made available under section 103 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5303 ) or section 201 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 ); and (B) count the costs described in subparagraph (A) toward the remainder of the net capital project costs under paragraph (4). . | https://www.govinfo.gov/content/pkg/BILLS-117s3237is/xml/BILLS-117s3237is.xml |
117-s-3238 | II 117th CONGRESS 1st Session S. 3238 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Casey (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 in transforming their business and program models to models that support people with disabilities through competitive integrated employment, to phase out the use of such special certificates, and for other purposes.
1. Short title This Act may be cited as the Transformation to Competitive Integrated Employment Act . 2. Table of contents Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Purposes. TITLE I—Competitive integrated employment transformation grant programs Sec. 101. Program authorized. Sec. 102. State grant program. Sec. 103. Certificate holder grant program. TITLE II—Phase out of special certificates under section 14 (c) of the Fair Labor Standards Act of 1938 Sec. 201. Transition to fair wages for people with disabilities. Sec. 202. Prohibition on new special certificates; sunset. TITLE III—Technical assistance and dissemination Sec. 301. Technical Assistance and dissemination. TITLE IV—Reporting and evaluation Sec. 401. Impact evaluation and reporting. Sec. 402. Wage and hour reports. TITLE V—General provisions Sec. 501. Definitions. Sec. 502. Authorization of appropriations. 3. Purposes The purposes of this Act are to— (1) assist employers with special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) to transform their business and program operations to models that support people with disabilities to find and retain work in competitive integrated employment; (2) ensure people with disabilities, families of such people, State and local governments, and other stakeholders are involved in the transformations described in paragraph (1); (3) ensure people employed in programs using such special certificates transition to competitive integrated employment positions and, as needed, to integrated services that support them in their homes and in community settings; (4) identify models and processes for shifting business and program models from such special certificates to competitive integrated employment models and integrated community participation and wraparound services, and to share that information with other such special certificate holders, State and local entities, and other service providers for people with disabilities; and (5) support States and local governments as they revise and implement their Olmstead plans and local plans, respectively, in order to improve competitive integrated employment outcomes for people with disabilities through all State workforce development systems. I Competitive integrated employment transformation grant programs 101. Program authorized From the amounts appropriated to carry out this title, the Secretary of Labor shall award grants under sections 102 and 103, on a competitive basis, to States and eligible entities to assist employers who were issued special certificates in transforming their business and program models from providing employment using such special certificates to business and program models that employ and support people with disabilities by— (1) providing competitive integrated employment, including by compensating all employees of the employer at a rate that is— (A) not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; and (B) not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; (2) assisting people with disabilities who were employed by the employer in finding and retaining work in competitive integrated employment, which work may be with the employer after such transformation or in another competitive integrated employment setting; (3) providing integrated community participation and wraparound services for people with disabilities; and (4) ensuring all such services and other non-employment services offered by the employer comply with the requirements for home and community-based services under the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule. 102. State grant program (a) Application (1) In general To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the status of the employers in the State providing employment using special certificates, including— (i) the number of employers in the State using special certificates to employ and pay people with disabilities; (ii) the number of employers described in clause (i) that also employ people with disabilities in competitive integrated employment, which shall include employers providing such employment in combination with integrated services; (iii) the number of employees employed under a special certificate, disaggregated by— (I) employer; and (II) demographic characteristics, including gender, race, ethnicity, and type of disability, unless indicating such characteristics would disclose personal identifying information; (iv) the average, median, minimum, and maximum number of hours such employees work per week, disaggregated by employer, and reported for the State as a whole; and (v) the average, median, minimum, and maximum hourly wage for such employees, disaggregated by employer, and reported for the State as a whole; (B) a description of the activities of the State with respect to competitive integrated employment for people with disabilities, including, as applicable— (i) a copy of the State plan for carrying out the Employment First initiative; (ii) a copy of the Olmstead plan of the State; (iii) a description of activities related to the development and promotion of ABLE accounts; and (iv) a description of the medical assistance provided by the State through a Medicaid buy-in eligibility pathway under subclause (XV) or (XVI) of section 1902(a)(10)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(ii) ), including any premiums or other cost sharing imposed on individuals who enroll in the State Medicaid program through such a pathway; (C) a description of activities to be funded under the grant, and the goals of such activities, including— (i) the process to be used to identify each employer in the State that will transform its business and program models from employing people with disabilities using special certificates to employing people with disabilities in competitive integrated employment settings, or a setting involving a combination of competitive integrated employment and integrated services; (ii) the number of such employers in the State that will carry out a transformation described in clause (i); (iii) the service delivery infrastructure that will be implemented in the State to support people with disabilities who have been employed under special certificates through such a transformation, including providing enhanced integrated services to support people with the most significant disabilities; (iv) a description of the process to recruit and engage Federal, State, and local governments and nonprofit and private employers to hire people with disabilities into competitive integrated employment who have been employed under special certificates; (v) the competitive integrated employment and integrated services that will be implemented in the State to support such people; (vi) a timeline for assisting employers that operate in the State in phasing out employment using special certificates, which shall not extend past the date on which the legal effect of such certificates expires under section 14(c)(7) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(7) ), as added by title II; (vii) a timeline for the expansion of employers that will provide competitive integrated employment, or a combination of competitive integrated employment and integrated services, to people with disabilities who have been employed by such employers under special certificates; (viii) a description of the expanded competitive integrated employment and integrated services to be provided to such people as a result of transformations described in clause (i); and (ix) a description of the process to be used to engage stakeholders in such transformations; (D) a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformations described in subparagraph (C)(i); (E) a description of the State’s evaluation plan to determine the social and economic impact of the grant, including the impact (as measured throughout the transformation and the 2-year period after the State has assisted employers in phasing out employment using special certificates) on— (i) the employment status of people with disabilities in the State, including the number of hours worked, average wages, and job satisfaction, of such people; and (ii) changes in provider capacity to support competitive integrated employment and integrated services; (F) assurances that— (i) the activities carried out under the grant will result in each employer in the State that provides employment using special certificates on the date of enactment of this Act transforming as described in subparagraph (C)(i); (ii) people with the most significant disabilities, including intellectual and developmental disabilities, who will be affected by such a transformation will be given priority in receiving the necessary competitive integrated employment supports and integrated services to succeed during and after such a transformation; (iii) each individual in the State who is employed under a special certificate will, as a result of such a transformation, be given an opportunity to be employed in competitive integrated employment; (iv) at a minimum, the State agencies responsible for developmental disability services, Medicaid, education, vocational rehabilitation, mental health services, transportation, and workforce development agree to be partners in the goals of the grant; (v) until the date that is 2 years after the legal effect of special certificates expires under section 14(c)(7) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(7) ), as added by title II, the State will comply with requirements of the Secretary with respect to the collection of data, and will require employers providing employment under special certificates in the State to comply with such requirements; (vi) the State will cooperate with the evaluation under title IV by providing all data required and allow the evaluation of activities under the grant; (vii) the State will establish an advisory council described in paragraph (3) to monitor and guide the process of transforming business and program models of employers in the State as described in subparagraph (C)(i); (viii) the State will cooperate with the nonprofit entity carrying out technical assistance and dissemination activities under title III; (ix) all integrated services and non-employment services offered by employers in the State will comply with— (I) the requirements for home and community-based services under the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule; (II) the holding of the Olmstead decision; and (III) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); and (x) the State will disseminate information to all people with disabilities employed under special certificates regarding the availability of— (I) ABLE accounts and other asset developmental options for people with disabilities; (II) the Ticket to Work and Self Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ); and (III) other resources related to benefits counseling for people with disabilities who wish to work or are working in competitive integrated employment settings; and (G) such other information and assurances as the Secretary may reasonably require. (3) Members of the advisory council A State receiving a grant under this section shall, for the purpose described in paragraph (2)(F)(vii), establish an advisory council composed of the following: (A) People with disabilities, including such people with intellectual and developmental disabilities who are or were employed under a special certificate, who shall comprise not less than 25 percent of the members. (B) A family member of a person with an intellectual or developmental disability who is employed under a special certificate. (C) A family member of a person with an intellectual or developmental disability who is employed in competitive integrated employment. (D) An employer providing competitive integrated employment. (E) An employer providing employment under special certificates. (F) A representative of a nonprofit agency or organization specializing in competitive integrated employment. (G) A representative of the State developmental disability agency. (H) A representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). (I) A representative of an agency in the State described in paragraph (6) or (7) of section 8501 of title 41, United States Code. (J) A representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). (K) A representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (L) A representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (M) A representative of the State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (N) A representative of the State Medicaid office. (O) Representatives of other State agencies and disability organizations and other disability related offices and groups with expertise in competitive integrated employment. (b) Geographic diversity To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and take into account rural and urban diversity. (c) Duration of awards A grant under this section shall be awarded for a period of 5 years. (d) Limit on award number A State may only be awarded 1 grant under this section. (e) Amount of awards A grant awarded under this section may not be made in an amount that is less than $3,000,000, or more than $15,000,000, for the 5-year grant period. (f) Additional funding for supported employment services (1) In general Title VI of the Rehabilitation Act of 1973 is amended— (A) in section 603 ( 29 U.S.C. 795h )— (i) in subsection (a), by adding at the end the following: (3) References For purposes of this subsection, any reference in this subsection to sums or amounts appropriated shall not include the amounts appropriated under section 611(e). ; (ii) in subsection (c)— (I) by inserting or a grant under section 611 after allotment under this title ; and (II) by inserting or such grant after such allotment ; and (iii) in subsection (d)— (I) by inserting or a grant under section 611 after allotment under this title ; and (II) by inserting or such grant after such allotment ; (B) in section 604(b)(2) ( 29 U.S.C. 795i(b)(2) ), by inserting (or made available through a grant awarded under section 611) after allotted under this title ; (C) in section 610 ( 29 U.S.C. 795o )— (i) by inserting , except for section 611, after this title ; (ii) by striking and ; and (iii) by inserting , and such sums as may be necessary for each of fiscal years 2022 through 2031 before the period at the end; and (D) by adding at the end the following: 611. Additional funding for certain States with competitive integrated employment (a) Grants From amounts appropriated under subsection (e), the Secretary, in consultation with the Secretary of Labor, shall award a grant under this section to each eligible State that submits an application under subsection (c) for the purposes described in section 604. (b) Eligibility (1) In general A State is eligible for a grant under this section for a fiscal year if the State— (A) is eligible for an allotment under section 603(a) for the fiscal year; and (B) has successfully completed a grant under section 102 of the Transformation to Competitive Integrated Employment Act during that fiscal year or the preceding fiscal year, as determined under paragraph (2). (2) Successfully completing a competitive integrated employment grant A State has successfully completed a grant under section 102 of the Transformation to Competitive Integrated Employment Act if, at the conclusion of the 5-year period of the grant, the Secretary of Labor determines the State has complied with all requirements under such section for such grant. (c) Application A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including information demonstrating the State has successfully complied with the requirements under subsection (b)(2). (d) Awards (1) In general A grant to a State under this section shall be awarded in an amount determined under paragraph (2) for each of 5 fiscal years, except as provided under paragraph (3). (2) Amount Subject to available appropriations under subsection (e), the amount of a grant under this section to a State for a fiscal year shall be equal to 25 percent of the amount allotted to such State under subsection (a) of section 603 for the preceding fiscal year (excluding any additional amounts allotted to the State under subsection (b) of such section). (3) Continued compliance In the case that a State receiving a grant under this section ceases compliance with subsection (b)(2) for a fiscal year— (A) no amounts shall be awarded through such grant for such fiscal year; or (B) if such amounts have already been awarded to the State for such fiscal year, the State shall return to the Secretary such amounts. (4) Competitive integrated employment fund (A) Establishment of fund There is established in the Treasury of the United States a fund to be known as the Competitive Integrated Employment Fund (referred to in this paragraph as the Fund ). (B) Deposits The Secretary shall deposit into the Fund any amount received under paragraph (3)(B). (C) Use of fund amounts Amounts in the Fund shall be available to the Secretary of Labor, without fiscal year limitation, for activities to increase competitive integrated employment opportunities for people with disabilities. (e) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2027 through 2031 such sums as may be necessary to carry out this section. . (2) Table of contents The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 610 the following: Sec. 611. Additional funding for certain States with competitive integrated employment. . 103. Certificate holder grant program (a) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (b) Contents Each application submitted under subsection (a) shall include— (1) the status of the eligible entity’s use of special certificates to employ people with disabilities, including— (A) (i) the number of employees the eligible entity employs using such special certificates at the time of submission of the application; (ii) the aggregate demographic profile of such employees, including gender, race, and type of disability of such employees, unless indicating such demographic profile would disclose personal identifying information; and (iii) an historical accounting, covering each of the previous 4 fiscal years, of— (I) the number of employees with a disability working for a wage that is— (aa) less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; or (bb) less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (II) an aggregate demographic profile of such employees including gender, race, ethnicity, age, and type of disability; (B) the average, minimum, maximum, and range of hourly wages paid to employees employed using such special certificates during the previous year; (C) during the preceding 5 fiscal years, the number of people with disabilities, disaggregated by fiscal year, who have been transitioned by the eligible entity from employment under such special certificates to competitive integrated employment; and (D) a description of the business and program models (including the financial and organizational structure) of the eligible entity that is using the special certificates, including— (i) the number and type of contracts the entity has entered into during the preceding 5 fiscal years to supply goods or services, including an indication for each such contract of whether people with disabilities are employed under the contract; (ii) the budget and the funding structure, including all sources of funding, for the preceding 5 fiscal years; (iii) the human resource structure; and (iv) the entities partnering with the eligible entity as described in subsection (h)(2); (2) a description of activities to be funded under the grant, and the goals of such activities, including— (A) a description of the business and program models of competitive integrated employment or a combination of competitive integrated employment, integrated services, and other companionship and personal support services, into which the models of the eligible entity will transform, including the business plan, employment structure, and leadership organization of the eligible entity; (B) a description of— (i) the integrated services to be provided by the eligible entity; or (ii) the eligible entity’s process for referring an individual requiring such services to a provider of such services to ensure that the individual receives such services; (C) after the transformation of the eligible entity’s business and program models as described in subparagraph (A), the number of employees that will be employed under such models; (D) the date on which the eligible entity will discontinue using special certificates, and the funding structure the eligible entity will use to provide competitive integrated employment or a combination of such employment and integrated services; and (E) the process to be used for the transformation of the eligible entity’s business and program models as described in subparagraph (A), including— (i) redesign of contracts; (ii) changes in funding sources; (iii) staff training on competitive integrated employment support and practices; (iv) input from key stakeholders, including people with disabilities, their families, and other local stakeholders; and (v) a description of the individuals who will be responsible for the development and implementation of such process; (3) a description of the process to recruit and engage Federal, State, and local governments and nonprofit and private employers to hire people with disabilities who have been employed under special certificates; (4) a timeline of activities to be implemented and goals to be reached on at least a quarterly basis during the 3-year grant period; (5) a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformation described in paragraph (2)(A); (6) assurances that— (A) the activities carried out under the grant will result in the transformation described in paragraph (2)(A); (B) people with disabilities who are employed by the eligible entity under special certificates will be employed in competitive integrated employment; (C) the eligible entity will comply with the requirements of the Secretary with respect to the collection of data; (D) the eligible entity will cooperate in the evaluation described in title IV by providing all data required and allow evaluation of the activities under the grant; and (E) the eligible entity will cooperate with the nonprofit entity carrying out technical assistance and dissemination required under title III; (7) a description of the eligible entity’s evaluation plan to determine the impact of the grant; (8) assurances of collaboration and support from all State entities involved in supporting people with disabilities to secure competitive integrated employment, including the State Medicaid agency, the State developmental disability agency, the State vocational rehabilitation agency, the State department of education, and the State board, and other State and local governmental entities (including the local board) and organizations that support transformations to providing competitive integrated employment and integrated services for employees employed under a special certificate; and (9) such other information and assurances as the Secretary may reasonably require. (c) Geographic diversity To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and shall take into account rural and urban diversity. (d) Program size To the extent practicable, the Secretary shall distribute grant funds under this section equitably among eligible entities providing employment using special certificates serving different numbers of people. (e) Duration of awards (1) Grant period A grant awarded under this section shall be awarded for a period of 3 years. (2) Grant cycles Grants shall be awarded under this section in 2 grant cycles. Grants for the second grant cycle shall be awarded not earlier than the end of the second year of the first 3-year grant cycle. (f) Limit on award number An eligible entity may only be awarded 1 grant total under this section. (g) Amount of awards A grant awarded under this section may not be made in an amount that is less than $200,000, or more than $750,000, for the 3-year grant period. (h) Eligible entity defined In this title, the term eligible entity means an entity that— (1) employs people with disabilities under special certificates and is located in a State that did not receive a grant under section 102; and (2) partners with at least 2 entities with experience providing support to people with disabilities in competitive integrated employment, such as— (A) an employer providing competitive integrated employment; (B) a State developmental disability agency; (C) a State mental health services agency; (D) a representative of an agency described in paragraph (6) or (7) of section 8501 of title 41, United States Code; (E) a representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ); (F) a representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); (G) a representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); (H) a representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ); (I) a representative of the State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ); and (J) a nonprofit agency or organization specializing in competitive integrated employment. II Phase out of special certificates under section 14 (c) of the Fair Labor Standards Act of 1938 201. Transition to fair wages for people with disabilities (a) In general Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1) ) is amended to read as follows: (A) at a rate that equals, or exceeds, the greater of— (i) (I) 60 percent of the wage rate in effect under section 6(a)(1), beginning 1 year after the date of enactment of the Transformation to Competitive Integrated Employment Act ; (II) 70 percent of the wage rate in effect under section 6(a)(1), beginning 2 years after such date of enactment; (III) 80 percent of the wage rate in effect under section 6(a)(1), beginning 3 years after such date of enactment; (IV) 90 percent of the wage rate in effect under section 6(a)(1), beginning 4 years after such date of enactment; and (V) the wage rate in effect under section 6(a)(1), beginning 5 years after such date of enactment; or (ii) the wage rate in effect on the day before the date of enactment of the Transformation to Competitive Integrated Employment Act for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is determined under this paragraph; . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 202. Prohibition on new special certificates; sunset Section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) (as amended by section 201), is further amended by adding at the end the following: (6) Prohibition on new special certificates Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Transformation to Competitive Integrated Employment Act . (7) Sunset Beginning on the day after the date that is 5 years after the date of enactment of the Transformation to Competitive Integrated Employment Act — (A) the authority to issue special certificates under paragraph (1) shall expire; and (B) no special certificates issued under paragraph (1) shall have any legal effect. . III Technical assistance and dissemination 301. Technical Assistance and dissemination (a) Grant authorized From the amounts appropriated for this title, the Secretary (acting through the Office of Disability Employment Policy in partnership with the Employment and Training Administration), in partnership with the Administration for Community Living of the Department of Health and Human Services and the Office of Special Education and Rehabilitative Services of the Department of Education, shall award a grant to a nonprofit entity to— (1) (A) provide technical assistance to employers who are transforming from employing people with disabilities using special certificates to providing competitive integrated employment; (B) identify and disseminate private and public sector models of the transition described in subparagraph (A); and (C) build a set of replicable strategies for employers using special certificates to increase their use of evidence-based practices in providing competitive integrated employment and increase their options for providing competitive integrated employment; (2) collect and disseminate— (A) evidence-based practices with respect to the transformations described in paragraph (1)(A), including practices that increase awareness of and access to training materials from and opportunities offered through the Office of Disability Employment Policy; and (B) evidence-based strategies for implementing the aims of activities, intended to improve the quality of integrated services to result in competitive integrated employment for people with disabilities, carried out— (i) under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (ii) through settlement agreements made pursuant to the employment requirements under the Olmstead decision; or (iii) through home and community-based services described in the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule; (3) leverage and increase awareness of and access to training materials and opportunities made available through training and technical assistance investments of— (A) the Office of Disability Employment Policy; (B) the Employment and Training Administration; (C) the Administration for Community Living of the Department of Health and Human Services; and (D) the Office of Special Education and Rehabilitative Services of the Department of Education; and (4) (A) raise awareness of efforts in States to carry out the Employment First initiative; and (B) coordinate dissemination efforts related to ABLE accounts and other financial asset development resources through the ABLE National Resource Center and the Department of the Treasury. (b) Application (1) In general To be eligible to receive a grant under this section, a nonprofit entity shall submit an application to the Secretary at such time, in such manner, and including such information that the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the nonprofit entity’s expertise in providing technical assistance that shall include evidence of— (i) knowledge of transforming business and program models providing employment using special certificates to models providing competitive integrated employment and integrated services; (ii) knowledge of methods for supporting employers, including employers not receiving a grant or assistance through a grant under title I, to transform as described in clause (i); (iii) experience working with nonprofit, for-profit, Federal, State, and local agencies focusing on employment of youth and adults who are people with disabilities; and (iv) experience working with people with disabilities and their families; (B) a description of the nonprofit entity’s expertise in providing, collecting, compiling, communicating, and disseminating information about program and systems change for programs serving people with disabilities that shall include— (i) expertise documenting program change; (ii) experience compiling recommended practices related to program transformations; (iii) expertise regarding competitive integrated employment for youth and adults who are people with disabilities; (iv) expertise working with people with disabilities and their families through systems change procedures; (v) expertise creating accessible products to disseminate learned information, including through web-based means; (vi) experience creating accessible websites to disseminate information; (vii) experience working with nonprofit, for-profit, Federal, State, and local agencies focusing on employment of youth and adults who are people with disabilities; (viii) experience with assisting youth who are people with disabilities in transitioning from receiving services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 et seq. ) and from kindergarten through grade 12 to inclusive postsecondary education and competitive integrated employment; and (ix) experience leveraging resources, available through the Office of Disability Employment Policy and the Employment and Training Administration, that are designed to provide effective and efficient services to job seekers who are people with disabilities in competitive integrated employment settings; and (C) a description of the individuals at the nonprofit entity who will be responsible for carrying out the activities under this title. (3) Duration of award A grant under this section shall be awarded for a period of 6 years, and shall be non-renewable. (4) Nonprofit entity defined In this section, the term nonprofit entity means a nonprofit entity with expertise in collecting, compiling, communicating, and disseminating information about program and systems change for programs serving people with disabilities. IV Reporting and evaluation 401. Impact evaluation and reporting (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into a contract with a nonprofit entity with experience in conducting evaluations of program and systems change efforts to— (1) conduct a multi-year evaluation on the impact of this Act, including the amendments made by this Act, with respect to people with disabilities (including such people receiving a wage rate under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ), as amended by title II); and (2) prepare the reports described in subsection (c). (b) Evaluation In carrying out subsection (a)(1), the nonprofit entity awarded a contract under this section shall evaluate— (1) changes in wages and employment for people described in subsection (a)(1); and (2) actions taken by employers and States to comply with the amendments made by title II and, in the case of an employer or State receiving funds under title I, to comply with the transformation requirements under such title. (c) Reports The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, the following reports on the evaluation conducted under subsection (a)(1): (1) An interim report on the evaluation, not later than 3 years after the evaluation commences under subsection (a)(1). (2) A final report on such evaluation, not later than 18 months after the date on which the legal effect of special certificates expire pursuant to paragraph (7) of section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ), as added by title II. 402. Wage and hour reports (a) In general For each year of the 5-year period described in section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1)(A) ), as amended by title II, the Secretary (acting through the Administrator of the Wage and Hour Division), in coordination with the Civil Rights Division of the Department of Justice, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, an annual report summarizing practices of employers providing employment using special certificates, which, with respect to the preceding year, shall include— (1) the number of employees (of such employers) who are people with disabilities and who are compensated at a rate that is less than— (A) the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; or (B) the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; (2) the type of employment setting (such as segregated employment or competitive integrated employment) and the integrated services provided by such employers; (3) the average hourly wage, minimum and maximum hourly wage, and average hours worked per week of employees described in paragraph (1), disaggregated by employer and by State; (4) the aggregate demographic characteristics of employees described in paragraph (1), including the gender, ethnicity, race, and type of disability of such employees; and (5) the number of employees who have transitioned from employment provided under a special certificate to competitive integrated employment, disaggregated by employer and by State. (b) Report on audit of existing special certificate holders Not later than 1 year after the date of enactment of this Act, the Secretary (acting through the Administrator of the Wage and Hour Division) shall— (1) conduct an audit of not less than 10 percent of employers providing employment to employees using special certificates, as of the date of enactment of this Act, which shall include an audit of— (A) the training and support provided to such employees to promote their transition to competitive integrated employment; (B) the actions taken by employers to identify competitive integrated employment for such employees; and (C) the wages of such employees, including whether such wages are at a rate that is less than— (i) the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; or (ii) the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (2) submit a report on such audit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives. V General provisions 501. Definitions In this Act: (1) ABLE account The term ABLE account has the meaning given such term in section 529A(e)(6) of the Internal Revenue Code of 1986. (2) Competitive integrated employment The term competitive integrated employment has the meaning given the term in section 7(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(5) ). (3) Disability The term disability includes any intellectual, developmental, mental health, or other disability. (4) Integrated community participation and wraparound services; integrated services (A) In general Except as provided in subparagraph (B), the terms integrated community participation and wraparound services or integrated services mean services for people with disabilities that are— (i) designed to assist such people in developing skills and abilities to reside successfully in home and community-based settings; (ii) provided in accordance with a person-centered written plan of care; (iii) created using evidence-based practices that lead to such people— (I) maintaining competitive integrated employment; (II) achieving independent living; or (III) maximizing socioeconomic self-sufficiency, optimal independence, and full participation in the community; (iv) provided in a community location that is not specifically intended for people with disabilities; (v) provided in a location that— (I) allows the people receiving the services to interact with people without disabilities to the fullest extent possible; and (II) makes it possible for the people receiving the services to access community resources that are not specifically intended for people with disabilities and to have the same opportunity to participate in the community as people who do not have a disability; (vi) provided in multiple locations to allow the individual receiving the services to have options, thereby— (I) optimizing individual initiative, autonomy, and independence; and (II) facilitating choice regarding services and supports, and choice regarding the provider of such services; and (vii) in compliance with the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule. (B) Exclusions The terms integrated community participation and wraparound services or integrated services shall not include a service provided in any of the following settings: (i) A nursing facility. (ii) An institution for people with mental diseases. (iii) An intermediate care facility for people with intellectual disabilities. (iv) A congregate setting in which an individual does not have the ability, at the time preferred by the individual and in accordance with other preferences of the individual, to access services supporting the full inclusion and engagement of the individual in the greater community. (5) Local board; local plan The terms local board and local plan have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Olmstead decision The term Olmstead decision means the decision of the Supreme Court of the United States in Olmstead v. L.C., 527 U.S. 581 (1999). (7) Olmstead plan The term Olmstead plan , with respect to a State, means the plan of the State for complying with the holding in the Olmstead decision. (8) People with disabilities The term people with disabilities includes individuals described in section 14(c)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1) ). (9) Secretary The term Secretary means the Secretary of Labor. (10) Special certificate The term special certificate means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ). (11) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of Guam. (12) State board The term State board has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act. (13) Workforce development system The term workforce development system has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act. 502. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act, $200,000,000 for each of fiscal years 2022 through 2026. (b) Technical Assistance From amounts made available under subsection (a) for each fiscal year, 1 percent shall be allocated for the activities under title III. | https://www.govinfo.gov/content/pkg/BILLS-117s3238is/xml/BILLS-117s3238is.xml |
117-s-3239 | II 117th CONGRESS 1st Session S. 3239 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Brown (for himself, Mr. King , Ms. Baldwin , Mr. Casey , Ms. Smith , Mr. Blumenthal , Mr. Van Hollen , Mr. Merkley , Mr. Whitehouse , Ms. Cortez Masto , Mr. Markey , Mr. Kaine , Ms. Klobuchar , Mr. Booker , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XXVII of the Public Health Service Act to provide for a special enrollment period for pregnant persons, and for other purposes.
1. Short title This Act may be cited as the Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act . 2. Providing for a special enrollment period for pregnant individuals (a) Public Health Service Act Section 2702(b)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ) is amended by inserting including a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the health insurance issuer before the period at the end. (b) Patient protection and affordable care act Section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph: (D) a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the Exchange; and . (c) Special enrollment periods (1) Internal Revenue Code Section 9801(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9801(f) ) is amended by adding at the end the following new paragraph: (4) For pregnant individuals (A) In general A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan or the pregnancy is confirmed by a health care provider. (B) Regulations The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage. . (2) ERISA Section 701(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181(f) ) is amended by adding at the end the following: (4) For pregnant individuals (A) In general A group health plan or health insurance issuer in connection with a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan or health insurance issuer or the pregnancy is confirmed by a health care provider. (B) Regulations The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage. . (d) Effective date The amendments made by this section shall apply with respect to plan years beginning after the 2021 plan year. 3. Coverage of maternity care for dependent children Section 2719A of the Public Health Service Act ( 42 U.S.C. 300gg–19a ) is amended— (1) in subsection (e), by inserting (other than subsection (f)) after this section ; and (2) by adding at the end the following: (f) Coverage of maternity care A group health plan, or health insurance issuer offering group or individual health insurance coverage, that provides coverage for dependents shall ensure that such plan or coverage includes coverage for maternity care associated with pregnancy, childbirth, and postpartum care for all participants, beneficiaries, or enrollees, including dependents, including coverage of labor and delivery. Such coverage shall be provided to all pregnant dependents regardless of age. . 4. Federal employee health benefit plans (a) Coverage of pregnancy The Director of the Office of Personnel Management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll, but is not enrolled, in a health benefit plan under chapter 89 of title 5, United States Code. (b) Effective date The requirement in subsection (a) shall apply with respect to any contract entered into under section 8902 of such title beginning 12 months after the date of enactment of this Act. 5. Continuation of Medicaid income eligibility standard for pregnant individuals and infants Section 1902(l)(2)(A) of the Social Security Act ( 42 U.S.C. 1396a(l)(2)(A) ) is amended— (1) in clause (i), by striking and not more than 185 percent ; (2) in clause (ii)— (A) in subclause (I), by striking and after the comma; (B) in subclause (II), by striking the period at the end and inserting , and ; and (C) by adding at the end the following: (III) January 1, 2022, is the percentage provided under clause (v). ; and (3) by adding at the end the following new clause: (v) The percentage provided under clause (ii) for medical assistance provided on or after January 1, 2022, with respect to individuals described in subparagraph (A) or (B) of paragraph (1) shall not be less than— (I) the percentage specified for such individuals by the State in an amendment to its State plan (whether approved or not) as of January 1, 2014; or (II) if no such percentage is specified as of January 1, 2014, the percentage established for such individuals under the State's authorizing legislation or provided for under the State's appropriations as of that date. . 6. Requiring and making permanent 12-month continuous coverage for pregnant and postpartum individuals under Medicaid and CHIP (a) Medicaid Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) in paragraph (86), by striking and at the end; (B) in paragraph (87), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide that the State plan is in compliance with subsection (e)(16). ; and (2) in subsection (e)(16), as added by section 9812 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )— (A) in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide ; (B) in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan) ; and (C) by striking subparagraph (C). (b) CHIP (1) In general Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended to read as follows: (J) Paragraphs (5) and (16) of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month postpartum period under title XIX) such that the provision of assistance under the State child health plan or waiver for targeted low-income children or targeted low-income pregnant individuals during pregnancy and the 12-month postpartum period shall be required and shall include coverage of all items or services provided to a targeted low-income child or targeted low-income pregnant individual (as applicable) under the State child health plan or waiver). . (2) Conforming Section 2112(d)(2)(A) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2)(A) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1), . (c) Conforming amendments (1) Section 9812(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended to read as follows: (b) Effective date (1) In general Subject to paragraph (2), the amendment made by subsection (a) shall apply with respect to services furnished on or after the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first fiscal year quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. . (2) Section 9822(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended to read as follows: (b) Effective date (1) In general Subject to paragraph (2), the amendments made by subsection (a), shall apply with respect to services furnished on or after the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. (2) Exception for State legislation In the case of a State child health plan under title XXI of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first fiscal year quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. . (d) Effective date The amendments made by subsections (a) and (c)(1) shall take effect as if included in the enactment of section 9812 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). The amendments made by subsections (b) and (c)(2) shall take effect as if included in the enactment of section 9822 of such Act. 7. Relationship to other laws Nothing in this Act (or an amendment made by this Act) shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for enrollees in a group health plan or group or individual health insurance offered by a health insurance issuer. | https://www.govinfo.gov/content/pkg/BILLS-117s3239is/xml/BILLS-117s3239is.xml |
117-s-3240 | II 117th CONGRESS 1st Session S. 3240 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Rubio (for himself, Mrs. Gillibrand , Mr. Cotton , Mr. Scott of Florida , Mr. Braun , Mr. Risch , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To waive the application fee for applications for special use permits for veterans’ special events at war memorials on land administered by the National Park Service in the District of Columbia and its environs, and for other purposes.
1. Short title This Act may be cited as the Free Veterans from Fees Act . 2. Definitions In this Act: (1) Member of a Gold Star Family The term member of a Gold Star Family means any individual that meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). (2) Special events The term special events has the meaning given the term in section 7.96(g)(1) of title 36, Code of Federal Regulations (or a successor regulation). (3) The District of Columbia and its environs The term the District of Columbia and its environs has the meaning given the term in section 8902(a) of title 40, United States Code. (4) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (5) Veterans’ special event The term veterans’ special event means a special event at which the majority of attendees are veterans or members of Gold Star Families. (6) War memorial The term war memorial means any memorial or monument that has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace. 3. Waiver of special use permit application fee for veterans’ special events (a) Waiver The application fee for any application for a special use permit, the sole purpose of which is to hold a veterans’ special event at a war memorial on land administered by the National Park Service in the District of Columbia and its environs, shall be waived. (b) Applicability of existing laws Notwithstanding subsection (a), an applicant for a special use permit described in that subsection shall be subject to any other law (including regulations) or policy applicable to the application, issuance, or execution of the special use permit. (c) Applicability This section shall apply to any special use permit application submitted after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3240is/xml/BILLS-117s3240is.xml |
117-s-3241 | II 117th CONGRESS 1st Session S. 3241 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes.
1. Short title This Act may be cited as the Homeland And Cyber Threat Act or the HACT Act . 2. Foreign state computer intrusions (a) In general Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: 1605C. Computer intrusions by a foreign state A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: (1) Unauthorized access to or access exceeding authorization to a computer located in the United States. (2) Unauthorized access to confidential, electronic stored information located in the United States. (3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. (4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). (5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state. . (b) Technical and conforming amendment The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: 1605C. Computer intrusions by a foreign state. . (c) Application This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3241is/xml/BILLS-117s3241is.xml |
117-s-3242 | II 117th CONGRESS 1st Session S. 3242 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide for the settlement of claims relating to the Shab-eh-nay Band Reservation in Illinois, and for other purposes.
1. Short title This Act may be cited as the Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2021 . 2. Findings; purposes (a) Findings Congress finds that— (1) pursuant to the Treaty of July 29, 1829, made and concluded at Prairie du Chien (7 Stat. 320) (commonly known as the Second Treaty of Prairie du Chien ), the Potawatomi and other affected Indian Tribes ceded certain land in northern Illinois, except for 2 parcels totaling 1,280 acres for Potawatomi Chief Shab-eh-nay and his Band at their village near Paw Paw Grove, Illinois; (2) (A) pursuant to the Treaty of September 26, 1833, made at Chicago (7 Stat. 431) (commonly known as the Treaty of Chicago ), the Potawatomi and other Indians ceded approximately 5,000,000 acres of land, including the Shab-eh-nay Band Reservation; but (B) the Senate rejected the provision that ceded that reservation, with the effect of affirming the Indian-held title and boundaries of the Shab-eh-nay Band Reservation; (3) (A) in 1849, while Chief Shab-eh-nay was visiting his relatives in Kansas, the Commissioner of the General Land Office of the United States sold the Shab-eh-nay Band Reservation at public auction to non-Indians who erroneously believed that they had acquired good title to the land on which the Shab-eh-nay Band Reservation is located; and (B) the Shab-eh-nay Band Reservation is illegally occupied as of the date of enactment of this Act; (4) the Associate Solicitor of the Department of the Interior issued an opinion on July 24, 2000, that concluded that— (A) the Shab-eh-nay Band Reservation continues to exist ; (B) there is no evidence that Chief Shab-eh-nay abandoned the Shab-eh-nay Band Reservation; and (C) even if it were true that Shab-eh-nay’s Band had abandoned the land, the Band’s treaty recognized title to that land could not be extinguished without Congressional action ; (5) the Solicitor of the Department of the Interior issued an opinion on January 18, 2001, that— (A) confirmed the findings of the Associate Solicitor of the Department of the Interior under paragraph (4); and (B) stated that— (i) the Shab-eh-nay Band held recognized title to the Shab-eh-nay Band Reservation; (ii) Congress never authorized the conveyance of the Shab-eh-nay Band Reservation; (iii) the Tribe is the lawful successor in interest to Chief Shab-eh-nay and his Band; and (iv) the Department of the Interior believes that the United States continues to bear a trust responsibility to the Tribe for the Shab-eh-nay Band Reservation; (6) Congress has never acted by treaty or statute to extinguish the recognized Indian title to the Shab-eh-nay Band Reservation; (7) the Tribe is the successor in interest to Chief Shab-eh-nay and his Band and the rightful owner and occupant of the Shab-eh-nay Band Reservation; (8) the Federal Government, through the actions of the General Land Office, has deprived the Tribe of the right of exclusive use and occupancy of the Shab-eh-nay Band Reservation without legal authorization or just compensation; (9) certain non-Indian individuals, entities, and local governments occupying land within the boundaries of the Shab-eh-nay Band Reservation as of the date of enactment of this Act, including the State and the County— (A) acquired ownership interests to the land in good faith; and (B) should be able to possess clear title to the land; and (10) the United States has a moral and legal responsibility— (A) to help secure a fair and equitable settlement of past inequities to the Tribe; and (B) to ensure protection of the ownership interests of non-Indian occupants of the Shab-eh-nay Band Reservation. (b) Purposes The purposes of this Act are— (1) to acknowledge the unlawful sale by the Federal Government of the valuable right held by the Tribe to the exclusive use and occupancy of the Shab-eh-nay Band Reservation; (2) to reaffirm Federal recognition of the ownership by the Tribe of, and jurisdiction over, land that the Tribe owns within the Shab-eh-nay Band Reservation; (3) to promote the economic self-sufficiency of the Tribe and the members of the Tribe; (4) to extinguish the Indian title to, and confirm the ownership by the State, the County, and certain individuals and entities of, certain land within the boundaries of the Shab-eh-nay Band Reservation; (5) to provide stability and security to the State and residents of the State, the local governments and the areas over which the local governments exercise jurisdiction, and businesses regarding the ownership and use by the Tribe of the Reaffirmed Reservation; (6) to extinguish potential claims by the Tribe against the United States, the State, the local governments, and private individuals and entities that could be a direct consequence of not reaching a settlement with the Tribe; (7) to require the Secretary to preserve and protect, but not manage, the Reaffirmed Reservation in furtherance of trust responsibility of the Federal Government; and (8) to authorize the Secretary— (A) to execute the waiver and release of claims and compensate the Tribe; and (B) to take any other action necessary to carry out this Act. 3. Definitions In this Act: (1) County The term County means Dekalb County in the State. (2) Local government The term local government means any unit of local government exercising authority over land located within the Reservation as of the date of enactment of this Act. (3) Reaffirmed Reservation The term Reaffirmed Reservation means— (A) the land recognized as being under the ownership of the Tribe under section 4(a); and (B) any land located within the Replacement Area that is acquired by the Tribe in restricted fee status after the date of enactment of this Act. (4) Replacement Area The term Replacement Area means the aboriginal territory of the Tribe, located near Shabbona, Illinois, which is contained within the area bounded— (A) on the north by Interstate 88; (B) on the west by Interstate 39; (C) on the south by State Route 30 and Preserve Road; and (D) on the east by South 4th Street and State Route 23. (5) Reservation The term Reservation means the 1,280 acres of land in the State located in sec. 23, the W 1/2 of sec. 25, and the E 1/2 of sec. 26 in T. 38 N., R. 3 E., Third Principal Meridian. (6) Restricted fee status The term restricted fee status , with respect to land, means that the land— (A) is— (i) owned in fee by the Tribe by aboriginal title or conveyance; (ii) held by the Tribe subject to a restriction against alienation and taxation, and therefore may not be sold by the Tribe without the consent of Congress; and (iii) expressly subject to the jurisdiction of the Tribe; and (B) is not subject to— (i) taxation by any State or local government other than the Tribe; or (ii) any provision of law governing land use that provides for the review or approval by the Secretary, directly or through agreement with another party, before the Tribe may use the land for any purpose. (7) Secretary The term Secretary means the Secretary of the Interior. (8) State The term State means the State of Illinois. (9) Tribe The term Tribe means the Prairie Band Potawatomi Nation, a federally recognized Indian Tribe. 4. Reaffirmation of Shab-eh-nay Band Reservation (a) Reaffirmation of title Title to the 130 acres of the Reservation owned in fee by the Tribe as of the date of enactment of this Act is recognized as being under the ownership of the Tribe. (b) Restricted fee status The Reaffirmed Reservation— (1) shall be considered to be owned by the Tribe in restricted fee status; (2) is expressly subject to the jurisdiction of the Tribe; and (3) shall not be subject to— (A) taxation by any State or local government other than the Tribe; or (B) any provision of law governing land use that provides for the review or approval by the Secretary, directly or through agreement with another party, before the Tribe may use the land for any purpose. 5. Extinguishment of Indian title; confirmation of land ownership (a) Extinguishment of Indian title Title held by the Tribe to the Reservation (other than the Reaffirmed Reservation) as of the date of enactment of this Act is extinguished. (b) Confirmation of land ownership Each title to land and right-of-way within the Reservation held by the State, the local governments, or any individual or entity as of November 5, 1849, is recognized and confirmed. 6. Waiver and release of claims (a) Claims against United States, State, local governments, and other parties The Tribe and the Secretary shall execute appropriate documents providing for the relinquishment by the Tribe of all claims against— (1) the United States for a breach of trust responsibility associated with any sale of any portion of the Reservation; and (2) the State, the local governments, and any individuals or entities occupying the Reservation for any trespass and related damages in connection with the occupation and use of the Reservation during the period beginning on November 5, 1849, and ending on the effective date described in subsection (b). (b) Effective date The relinquishment of claims under subsection (a) shall take effect on the later of— (1) the date on which the Tribe receives payment of all of the settlement funds under section 7; and (2) the date on which the Secretary publishes in the Federal Register a notice that the documents described in subsection (a) have been executed by the Secretary and the Tribe. 7. Settlement funds (a) Initial payment Not later than 30 days after the date of enactment of this Act, the Secretary shall pay to the Tribe $10,000,000 in partial settlement of the claims of the Tribe, to be managed, invested, and used by the Tribe to promote economic development and land acquisition, as determined by the Tribe in accordance with the constitution and laws of the Tribe. (b) Subsequent payments (1) Assessment (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Tribe, shall calculate an assessment of the total damages to the Tribe associated with the liability of the United States for the illegal sale of the Reservation, including the current land value of all land located within the Reservation. (B) Report The Secretary shall submit to the Committees on Appropriations and Indian Affairs of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the assessment calculated under subparagraph (A). (2) Final settlement agreement The Secretary and the Tribe shall negotiate and execute a final settlement agreement in lieu of litigation to resolve the claims of the Tribe, in a form and manner acceptable to the Attorney General, which shall include terms for the payment of the remaining settlement funds to the Tribe, as calculated under paragraph (1)(A). (3) Requirement The Secretary shall pay to the Tribe 1/3 of the remaining settlement funds, as described in the final settlement agreement executed under paragraph (2), on each of— (A) the date that is 3 years after the date of enactment of this Act; (B) the date that is 6 years after that date of enactment; and (C) the date that is 9 years after that date of enactment. 8. Land acquisition; Tribal authority to enter into agreements; no use of condemnation or eminent domain (a) Land acquisition (1) In general Subject to paragraph (2), after the date of enactment of this Act, the Tribe may acquire from a willing seller in restricted fee status not more than a total of 1,151 acres of land within the Reservation or the Replacement Area using the settlement funds received by the Tribe under section 7 or other funds of the Tribe. (2) Notice (A) In general Before acquiring land under paragraph (1), the Tribe shall give notice to the Secretary. (B) Deadline On the date that is 60 days after receipt of the notice under subparagraph (A), the land shall automatically— (i) convert to ownership by the Tribe in restricted fee status; and (ii) be considered to be part of the Reaffirmed Reservation. (b) Recognition of Tribal government authority To enter into agreements with State and local governments The Tribe shall have the authority to enter into agreements with the State and any local government regarding the Reaffirmed Reservation and activities occurring on the Reaffirmed Reservation, including agreements relating to jurisdiction, land use, and services. (c) No use of condemnation or eminent domain Land or interests in land— (1) may not be acquired by condemnation or eminent domain under this Act; but (2) shall be acquired by purchase by payment of fair market value. (d) Cultural and historic preservation of reservation Land owned by the State and the local governments located within the boundaries of the Reservation shall be managed to protect any human or cultural remains, consistent with applicable Federal and State law and subject to consultation with the Tribe. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act $10,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s3242is/xml/BILLS-117s3242is.xml |
117-s-3243 | II 117th CONGRESS 1st Session S. 3243 IN THE SENATE OF THE UNITED STATES November 18, 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 prohibit certain Federal agencies from requiring that any employee of such an agency receive a COVID–19 vaccine, and for other purposes.
1. Short title This Act may be cited as the Protecting Our Federal Workforce from Forced COVID–19 Vaccination Act . 2. Prohibition against agency vaccine mandates (a) Definition In this section, the term agency means an executive department, agency, or independent establishment that is subject to the requirements of Executive Order 14042 (86 Fed. Reg. 50985; relating to ensuring adequate COVID safety protocols for Federal contractors). (b) Prohibition No agency may require any employee of the agency, or any individual working on or in connection with a contract or subcontract with respect to the agency, to receive a COVID–19 vaccine. | https://www.govinfo.gov/content/pkg/BILLS-117s3243is/xml/BILLS-117s3243is.xml |
117-s-3244 | II 117th CONGRESS 1st Session S. 3244 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Baldwin (for herself, Ms. Collins , Ms. Rosen , Ms. Murkowski , Mrs. Gillibrand , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a Bio-Preparedness and Infectious Diseases Workforce Loan Repayment Program.
1. Short title This Act may be cited as the Bolstering Infectious Outbreaks Preparedness Workforce Act of 2021 or the BIO Preparedness Workforce Act of 2021 . 2. Establishment of a Bio-Preparedness and Infectious Diseases Workforce Loan Repayment Program Subpart 3 of part E of title VII of the Public Health Service Act ( 42 U.S.C. 295f et seq. ) is amended by inserting after section 776 ( 42 U.S.C. 295f–1 ) the following: 776A Bio-Preparedness and Infectious Diseases Workforce Loan Repayment Program (a) Establishment The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish the Bio-Preparedness and Infectious Diseases Workforce Loan Repayment Program (referred to in this section as the Program ) to ensure an adequate supply of health care professionals engaged in bio-preparedness and response activities described in subsection (c)(2)(A)(1) and health care professionals engaged in infectious disease care described in subsection (c)(2)(A)(ii). (b) Eligibility (1) In general To be eligible to participate in the Program, an individual shall— (A) (i) be accepted for enrollment, or be enrolled, as a student in an accredited academic educational institution in a State or territory in the final year of a course of study or program leading to a health professions degree or certificate described in paragraph (2); or (ii) have graduated, during the preceding 10-year period, from an accredited educational institution in a State or territory and received a health professions degree or certificate described in paragraph (2); (B) be a United States citizen; (C) (i) submit an application to the Secretary to participate in the Program; and (ii) execute a written contract as required in subsection (c); and (D) not have received, for the same service, a reduction of loan obligations under— (i) section 338B, 338I, 776, or 846; or (ii) section 428K or 428L of the Higher Education Act of 1965. (2) Health professions degree or certificate A health professions degree or certificate described in this paragraph is a degree or certificate for— (A) a doctor of medicine; (B) a doctor of osteopathic medicine; (C) a doctor of philosophy; (D) a doctor of pharmacy; (E) certification as a registered nurse; (F) a bachelor of science in nursing; (G) a master of science in nursing; (H) certification as a nurse practitioner; (I) certification as a physician assistant; (J) a doctor of public health; (K) a master of public health; (L) a master of science in epidemiology; (M) a bachelor of science in medical technology; (N) certification in medical technology or as a medical lab scientist; (O) a doctor of dental surgery, doctor of medicine in dentistry, or doctor of dental medicine; and (P) completion of any other program determined appropriate by the Secretary. (c) Contract (1) In general The written contract (referred to in this section as the written contract ) between the Secretary and an individual shall contain— (A) an agreement on the part of the Secretary that the Secretary will repay on behalf of the individual loans incurred by the individual in the pursuit of the relevant degree or certificate in accordance with the terms of the contract; (B) an agreement on the part of the individual that the individual will serve as a health care professional engaged in a qualified role for a period of time (referred to in this section as the period of obligated service ) equal to the greater of— (i) 3 years; or (ii) such longer period of time as determined appropriate by the Secretary and the individual; (C) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual that is conditioned thereon, is contingent on funds being appropriated for loan repayments under this section; (D) a statement of the damages to which the United States is entitled, under this section for the individual's breach of the contract; and (E) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with this section. (2) Qualified role (A) In general In this subsection, the term qualified role means either of the following: (i) Bio-preparedness health care professional A role in which the health care professional spends not less than 50 percent of their time engaged in bio-preparedness and response activities, including— (I) developing and updating response, surge, and isolation capacity plans and protocols; (II) collaborating with State, local, and Tribal health departments on preparedness and response efforts; (III) training health care facility personnel in matters related to bio-preparedness; (IV) purchasing and managing equipment (such as personal protective equipment) for public health emergencies, including those declared under section 319; (V) executing readiness assessments for public health emergencies, including those declared under section 319; (VI) repurposing areas of a health care facility to manage patient influx; (VII) communicating with the public regarding preventing or responding to public health emergencies, including those declared under section 319; (VIII) performing infection prevention and control and environmental disinfection; (IX) conducting epidemiologic surveillance and investigations; and (X) conducting antimicrobial stewardship. (ii) Infectious diseases health care professional A role (including through a fellowship) in which the health care professional spends not less than 50 percent of their time engaging in infectious disease care— (I) in a medically underserved community; (II) for a medically underserved population as defined in section 330(b)(3); (III) at a Federally qualified health center or rural health clinic (as those terms are defined in section 1861(aa) of the Social Security Act); (IV) at a health center receiving assistance under section 330; (V) at a Federal medical facility; (VI) in a health program, or at a facility operated, by an Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) or by an urban Indian organization as defined in section 4 of the Indian Health Care Improvement Act; (VII) in a health professional shortage area as designated under section 332; (VIII) at an entity receiving assistance under title XXVI for the provision of clinical services; (IX) at a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act); (X) in a frontier health professional shortage area; or (XI) at an accredited public academic educational institution in a State or territory or health care setting affiliated with such an institution. (B) Employment by public health agency The term qualified role does not include a role in which the health care professional is employed by a Federal, State, local, or Tribal public health agency or is in a related training fellowship, as recognized by the Secretary, excluding— (i) a role under clause (i) of subparagraph (A) in which the health care professional is employed at a medical facility described in subclause (XI) of subparagraph (A)(ii); (ii) a role under clause (ii) of subparagraph (A) in which the health care professional is employed at a medical facility described in subclause (V), (VI), or (XI) of subparagraph (A)(ii); or (iii) a role under clause (i) or (ii) of subparagraph (A) in which the health care professional is employed in any other setting specified by the Secretary. (3) Health care professional In this section, the term health care professional includes— (A) with respect to an individual in a role described in paragraph (2)(A)(i), an individual who is— (i) a physician; (ii) a clinical pharmacist; (iii) a physician assistant; (iv) an advanced practice registered nurse; (v) an infection preventionist; or (vi) a laboratory professional; or (B) with respect to an individual in a role described in paragraph (2)(A)(ii), an individual who is— (i) a physician; (ii) a clinical pharmacist; (iii) a physician assistant; (iv) a dentist; or (v) an advanced practice registered nurse. (d) Payments (1) In general A loan repayment provided for an individual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for tuition expenses incurred by the individual. (2) Payments for years served For each year of obligated service that an individual contracts to serve under subsection (c), the Secretary may pay up to $50,000 on behalf of the individual for loans described in paragraph (1). With respect to participants under the Program whose total eligible loans are less than $150,000, the Secretary shall pay an amount that does not exceed 1/3 of the eligible loan balance for each year of obligated service of the individual. (3) Tax liability For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual, the Secretary shall, in addition to such payments, make payments to the individual in an amount not to exceed 39 percent of the total amount of loan repayments made for the taxable year involved. (e) Postponing obligated service With respect to any individual participating in the Program, the date of the initiation of the period of obligated service may be postponed as approved by the Secretary. (f) Breach of contract An individual who fails to comply with the contract entered into under subsection (c) shall be subject to the same financial penalties as provided for under section 338E for breaches of loan repayment contracts under section 338B. (g) Considerations In awarding contracts under this section, the Secretary may— (1) distribute contracts under this section equitably among geographic areas of the United States; and (2) ensure that contracts under this section help to increase the number of underrepresented minority individuals (as defined in section 738(b)(5)) serving as heath care professionals in roles described in clauses (i) and (ii) of subsection (c)(2)(A). (h) Additional criteria The Secretary— (1) may establish, in addition to the criteria and rules specified in this section, such criteria and rules to carry out this section as the Secretary determines are needed; and (2) shall give notice to the committees specified in subsection (i) of any criteria and rules so established. (i) Report to congress Not later than 3 years after the date of enactment of this section, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on— (1) the number and location of borrowers who have qualified for loan repayments under this section; and (2) the impact of this section on the availability of— (A) health care professionals engaged in bio-preparedness and response activities described in subsection (c)(2)(A)(i), and health care professionals engaged in infectious disease care described in subsection (c)(2)(A)(ii), nationally; and (B) health care professionals engaged in infectious disease care described in subsection (c)(2)(A)(ii) in the areas and settings listed in such subsection. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3244is/xml/BILLS-117s3244is.xml |
117-s-3245 | II 117th CONGRESS 1st Session S. 3245 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Murkowski (for herself 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 Interagency Working Group on Coastal Blue Carbon, and for other purposes.
1. Short title This Act may be cited as the Blue Carbon for Our Planet Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal blue carbon ecosystems (A) In general The term coastal blue carbon ecosystems means vegetated coastal habitats, including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands, that have the ability to sequester carbon from the atmosphere, accumulate carbon in biomass for years to decades, and store carbon in soils for centuries to millennia. (B) Inclusions The term coastal blue carbon ecosystems includes autochthonous carbon and allochthonous carbon. (3) Coastal Carbon Data Clearinghouse The term Coastal Carbon Data Clearinghouse means the Coastal Carbon Data Clearinghouse operated by the Smithsonian Environmental Research Center. (4) Interagency Working Group The term Interagency Working Group means the Interagency Working Group on Coastal Blue Carbon established under section 3(a). (5) State The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. 3. Interagency Working Group on Coastal Blue Carbon (a) Establishment The Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall establish an interagency working group, to be known as the Interagency Working Group on Coastal Blue Carbon . (b) Membership The Interagency Working Group shall be comprised of senior representatives from— (1) the National Oceanic and Atmospheric Administration; (2) the Environmental Protection Agency; (3) the National Science Foundation; (4) the National Aeronautics and Space Administration; (5) the United States Geological Survey; (6) the United States Fish and Wildlife Service; (7) the National Park Service; (8) the Bureau of Indian Affairs; (9) the Smithsonian Institution; (10) the Army Corps of Engineers; (11) the Department of Agriculture; (12) the Department of Energy; (13) the Department of Defense; (14) the Department of State; (15) the Department of Transportation; (16) the Federal Emergency Management Agency; and (17) the Council on Environmental Quality. (c) Chairperson The Interagency Working Group shall be chaired by the Administrator. (d) Responsibilities The Interagency Working Group shall— (1) oversee the development, updates, and maintenance of a national map and inventory of coastal blue carbon ecosystems, including habitat types, with a regional focus in analysis that is usable for local-level conservation, planning, and restoration; (2) develop a strategic assessment of the biophysical, chemical, social, statutory, regulatory, and economic impediments to conservation and restoration of coastal blue carbon ecosystems, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise and ocean and coastal acidification, and other environmental and human stressors; (3) develop a national strategy for foundational science necessary to study, synthesize, and evaluate the effects of climate change and environmental and human stressors on sequestration rates and capabilities of coastal blue carbon ecosystems conservation, with input from the National Academies of Sciences, Engineering, and Medicine; (4) establish national conservation and restoration priorities for coastal blue carbon ecosystems, including an assessment of Federal funding being used for conservation and restoration efforts; (5) ensure the continuity, use, and interoperability of data assets, including data assets available through the Coastal Carbon Data Clearinghouse; and (6) assess legal authorities in effect as of the date of the enactment of this Act to conserve and restore coastal blue carbon ecosystems. (e) Submissions to Congress (1) Report Not later than 1 year after the date of the enactment of this Act, the Interagency Working Group shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives a report containing the following: (A) A summary of federally funded research, monitoring, conservation, and restoration activities relating to coastal blue carbon ecosystems, including— (i) the budget for each such activity; and (ii) a description of the progress made by each such activity in advancing the national priorities identified under section 5(a)(3)(A). (B) An assessment of biophysical, chemical, social, statutory, regulatory, and economic impediments to conservation and restoration of coastal blue carbon ecosystems, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise and ocean and coastal acidification, and other environmental and human stressors. (2) Strategic plan (A) In general The Interagency Working Group shall create a strategic plan for Federal investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem projects for the 5-year period beginning on the date on which the first fiscal year after the date on which the report is submitted under paragraph (1) begins. (B) Elements The plan required by subparagraph (A) shall— (i) include an assessment of the use of Federal programs existing as of the date of the enactment of this Act to conserve and restore coastal blue carbon ecosystems; and (ii) identify any additional authorities or programs that may be needed to conserve and restore such ecosystems. (C) Timing The Interagency Working Group shall— (i) on a date that is not later than 1 year after the date of the enactment of this Act and not earlier than the date on which the report required by paragraph (1) is submitted, submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives the strategic plan required by subparagraph (A); and (ii) submit a revised version of such plan not less frequently than once every 5 years thereafter. (D) Publication and public comment Not later than 90 days before the date on which the strategic plan or any revised version of such plan is submitted under subparagraph (C), the Interagency Working Group shall— (i) publish such plan in the Federal Register; and (ii) provide an opportunity for submission of public comments for a period of not less than 60 days. 4. National map and inventory of coastal blue carbon ecosystems (a) In general The Interagency Working Group shall produce, update, and maintain a national-level map and inventory of coastal blue carbon ecosystems, including— (1) the types of habitats and species in such ecosystems; (2) the condition of such habitats, including whether a habitat is degraded, drained, eutrophic, or tidally restricted; (3) the type of public or private ownership and any protected status of such ecosystems; (4) the size of such ecosystems; (5) the salinity boundaries of such ecosystems; (6) the tidal boundaries of such ecosystems; (7) an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions with respect to such ecosystems, including consideration of— (A) quantification; (B) verifiability; (C) comparison to a historical baseline as available; and (D) permanence of those benefits; (8) an assessment of co-benefits of ecosystem and carbon sequestration; (9) the potential for landward migration as a result of sea level rise; (10) any upstream restrictions detrimental to the watershed process and conditions such as dams, dikes, levees, and other water management practices; (11) the conversion of such ecosystems to other land uses and the cause of such conversion; and (12) a depiction of the effects of climate change, including sea level rise, environmental stressors, and human stressors on the sequestration rate, carbon storage, and potential of such ecosystems. (b) Data incorporation; engagement In carrying out subsection (a), the Administrator shall— (1) incorporate, to the extent practicable, existing data, as determined on the date of the enactment of this Act, collected through federally funded research by a Federal agency, State agency, Tribe, or local agency and peer-reviewed published works, including data collected from— (A) the Coastal Change Analysis Program of the National Oceanic and Atmospheric Administration; (B) the National Wetlands Inventory of the United States Fish and Wildlife Service; (C) the LandCarbon program of the United States Geological Survey; (D) the LiDAR information coordination and knowledge program of the Federal Emergency Management Agency; (E) the Biological and Environmental Research Program of the Department of Energy; and (F) the National Coastal Blue Carbon Assessment of the Department of Agriculture; and (2) engage regional experts, State agencies, Tribes, and additional data and information resources in order to accurately account for regional differences in coastal blue carbon ecosystems. (c) Use of map and inventory The Interagency Working Group shall use the national map and inventory produced under subsection (a)— (1) to assess the carbon sequestration potential of different coastal blue carbon ecosystems and account for any regional differences; (2) to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems; (3) to develop regional assessments in partnership with, or to provide technical assistance to— (A) regional, State, Tribal, and local government agencies; and (B) regional information coordination entities (as defined in section 12303(6) of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3602 )); (4) to assess degraded coastal blue carbon ecosystems and the potential for restoration of such ecosystems, including developing scenario modeling to identify vulnerable land areas and living shorelines where management, conservation, and restoration efforts should be focused; (5) to produce predictions relating to coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors; and (6) to inform the creation by the Administrator of the Environmental Protection Agency of the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. 5. Restoration and conservation of existing coastal blue carbon ecosystems (a) In general The Administrator shall— (1) lead the Interagency Working Group in implementing the strategic plan under section 3(e)(2); (2) coordinate monitoring and research efforts among Federal agencies in cooperation with State, Tribal, and local governments, academic institutions, international partners, and nongovernmental organizations; (3) in coordination with the Interagency Working Group, and as informed by the report under section 3(e)(1), identify— (A) national conservation and restoration priorities for coastal blue carbon ecosystems that would produce the highest rate of carbon sequestration and greatest ecosystem benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling, in the context of other environmental stressors and climate change; and (B) ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on coastal blue carbon ecosystems through existing and new coastal management networks; and (4) in coordination with State, Tribal, and local governments and coastal stakeholders, develop integrated pilot programs to restore degraded coastal blue carbon ecosystems in accordance with subsection (b). (b) Integrated Federal pilot programs To restore degraded coastal blue carbon ecosystems (1) In general In carrying out subsection (a)(4), the Administrator shall establish 1 or more integrated Federal pilot programs that— (A) further develop— (i) best management practices, including design criteria and performance functions for restoration of coastal blue carbon ecosystems; (ii) nature-based adaptation strategies; (iii) restoration areas that intersect with built environments as green-gray infrastructure projects; (iv) management practices for landward progression, migration, or loss of coastal blue carbon ecosystems; (v) best management practices to account for latitudinal biogeographic factors; and (vi) best management practices for restoration of— (I) hypersaline coastal ecosystems; and (II) estuarine ecosystems; and (B) identify potential barriers to restoration management efforts. (2) Locations The Administrator shall ensure that pilot programs under paragraph (1) cover geographically, socioeconomically, and ecologically diverse locations with— (A) significant ecological, economic, and social benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling to reduce hypoxic conditions; and (B) maximum potential for greenhouse gas emission reduction, taking into account— (i) quantification; (ii) verifiability; (iii) additionality, as compared to an appropriate historical baseline determined by the Interagency Working Group; and (iv) permanence of those benefits. (3) Application review The Administrator shall— (A) establish a procedure for reviewing applications for pilot programs under paragraph (1); (B) encourage applications from minority serving institutions; and (C) consider proposals from institutions that may not have adequate resources. (4) Communication The Administrator shall ensure, through consultation with the Interagency Working Group, that the goals and metrics for pilot programs under paragraph (1) are communicated to the appropriate State, local, and Tribal governments, coastal stakeholders, non-Federal resource managers, academia, and the general public. (5) Coordination The Administrator shall coordinate with— (A) relevant Federal agencies and departments specified under section 3(b) to prevent unnecessary duplication of effort among such agencies and departments with respect to restoration programs; and (B) relevant State, Tribal, and local government entities. (6) Priority In carrying out pilot programs under paragraph (1), the Administrator shall give priority to proposed eligible restoration activities that would— (A) result in long-term sequestration of carbon stored in coastal and marine environments; (B) conserve key habitats for fish, wildlife, and the maintenance of biodiversity; (C) provide coastal protection from storms, flooding, and land-based pollution; (D) restore optimal salinities and chlorophyll levels in estuarine and coastal environments or lead to other improvements to water quality; and (E) conserve coastal resources of national, historical, and cultural significance. (7) Non-Federal cost share The Administrator may accept, but shall not give priority to, offers to share the cost of a project under a pilot program under paragraph (1) from State, Tribal, local, and nongovernmental applicants. (8) Requirement Any project performed under a pilot program under paragraph (1) shall be conducted within the territorial boundaries of the United States. 6. Coastal Carbon Data Clearinghouse (a) Definition of Secretary In this section, the term Secretary means the Secretary of the Smithsonian Institution. (b) In general The Secretary, in coordination with the Administrator and members of the Interagency Working Group, shall provide for the long-term stewardship of, and access to, data relating to coastal blue carbon ecosystems and national mapping, by supporting the maintenance of the Coastal Carbon Data Clearinghouse. (c) Coastal Carbon Data Clearinghouse duties The Secretary, in coordination with the Administrator and members of the Interagency Working Group, shall, through the Coastal Carbon Data Clearinghouse, process, store, archive, provide access to, and incorporate (to the extent practicable) all data relating to coastal carbon collected through federally funded research by a Federal agency, State, Tribe, or local agency, an academic institution, or another relevant entity. (d) Global and national data assets The Secretary, in coordination with the Administrator and members of the Interagency Working Group, shall ensure that existing global and national data assets, as determined on the date of the enactment of this Act, are incorporated into the Coastal Carbon Data Clearinghouse, to the greatest extent practicable. (e) Establishment of standards, protocols, and procedure The Secretary, in coordination with the Administrator and members of the Interagency Working Group, shall establish— (1) standards, protocols, and procedures for the processing, storing, and archiving of, and providing access to, data in the Coastal Carbon Data Clearinghouse; and (2) best practices for sharing such data with State, local, and Tribal governments, coastal stakeholders, non-Federal resource managers, and academia. (f) Dissemination; digital tools and resources (1) Dissemination The Administrator shall work to disseminate the data available through the Coastal Carbon Data Clearinghouse to the greatest extent practicable. (2) Digital tools and resources The Secretary, in coordination with the Administrator and members of the Interagency Working Group, shall develop digital tools and resources to support the public use of the Coastal Carbon Data Clearinghouse. 7. National Academy of Sciences assessments of carbon dioxide storage in deep seafloor environments and of coastal carbon markets Not later than 90 days after the date of the enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct— (1) a comprehensive assessment of— (A) the long-term effects of containment of carbon dioxide in a deep seafloor environment on marine ecosystems; (B) the socioeconomic effects of such containment on existing ocean users and communities; and (C) the integrity of existing storage technologies, as determined on the date of the enactment of this Act; (2) a comprehensive assessment of pathways, methods, and technologies able to directly remove carbon dioxide from the oceans by the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, phase change systems, or other technological pathways; and (3) a comprehensive assessment of the viability of using coastal macroalgae cultivation and sustainable coastal wetlands management and restoration for carbon sequestration, which shall consider— (A) environmental and socioeconomic effects on coastal communities; (B) durability and cost per ton of carbon dioxide sequestered using coastal macroalgae cultivation and sustainable coastal wetlands management in a variety of regions of the United States, including Alaska, the Gulf Coast, the Mid-Atlantic, and the Pacific Northwest; (C) research, data, resource management, monitoring, reporting, lifecycle assessment, and verification improvements necessary to develop a carbon market around coastal macroalgae cultivation and sustainable coastal wetlands management or restoration; and (D) relevant successes and failures of carbon markets in agriculture, forestry, and wetlands and how such successes and failures might apply to a future coastal carbon market. 8. Rule of construction Nothing in this Act shall be construed as providing new authority— (1) to expand Federal land acquisition in pursuit of the goal described in section 216 of Executive Order (86 Fed. Reg. 7627; relating to tackling the climate crisis at home and abroad); or (2) to conserve or protect Federal lands or waters without prior written approval from the Governor of an affected State. 9. Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this Act $15,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3245is/xml/BILLS-117s3245is.xml |
117-s-3246 | II 117th CONGRESS 1st Session S. 3246 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Peters (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to reduce the occurrence of diabetes in Medicare beneficiaries by extending coverage under Medicare for medical nutrition therapy services to such beneficiaries with pre-diabetes or with risk factors for developing type 2 diabetes.
1. Short title This Act may be cited as the Preventing Diabetes in Medicare Act of 2021 . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, there are more than 88,000,000 adults with pre-diabetes in the United States. The Centers estimates that 27 percent of adults who are 65 years of age or older have pre-diabetes. More than 83 percent of adults with pre-diabetes do not know they have it. (2) For a significant number of people with pre-diabetes, early intervention can reverse elevated blood glucose levels to normal range and prevent diabetes and its complications completely or can significantly delay its onset. According to the Institute for Alternative Futures, if 50 percent of adults with pre-diabetes were able to successfully make lifestyle changes proven to prevent or delay diabetes, then by 2025 approximately 4,700,000 new cases of diabetes could be prevented at a cost savings of $300 billion. (3) Preventing diabetes and its complications can save money and lives. The average annual cost to treat someone with diabetes is $16,752, which is 2.3 times higher than average costs for someone who does not have diabetes. The United States spends $327 billion per year on costs associated with diabetes, with government insurance including Medicare covering over 2/3 of these costs. (4) Diabetes is unique because its complications and their associated health care costs are often preventable with currently available medical treatment and lifestyle changes. (5) A recent systematic review conducted by the Academy of Nutrition and Dietetics Evidence Analysis Library concluded that randomized clinical trials involving medical nutrition therapy resulted in a significant decrease in waist circumference, fasting blood glucose, and two-hour post prandial blood glucose, which is graded as strong evidence of having a lower risk of developing type 2 diabetes. A second, independent systematic review of diabetes prevention using nutrition therapy conducted in Europe found that individuals who received the lifestyle interventions had a 47-percent reduced risk of developing type 2 diabetes. (6) The Medicare program currently provides coverage for screening and identifying beneficiaries with pre-diabetes but does not provide adequate services to such beneficiaries to help them prevent or delay the onset of diabetes. (7) According to the American Diabetes Association, diabetes disproportionately affects racial and ethnic minority populations. Compared with White adults, the risk of having a diabetes diagnosis is 77 percent higher among African Americans, 66 percent higher among Latino and Hispanic Americans, and 18 percent higher among Asian Americans. 3. Medicare coverage of medical nutrition therapy services for people with pre-diabetes and risk factors for developing type 2 diabetes (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking a beneficiary with diabetes or a renal disease and inserting an individual with diabetes, pre-diabetes (as defined in subsection (yy)(4)), or a renal disease, or an individual at risk for diabetes (as defined in subsection (yy)(2)), in the matter preceding clause (i); and (2) in subsection (yy)— (A) in the heading, by adding ; Pre-Diabetes at the end; and (B) by adding at the end the following new paragraph: (4) The term pre-diabetes means a condition of impaired fasting glucose or impaired glucose tolerance identified by a blood glucose level that is higher than normal, but not so high as to indicate actual diabetes. . (b) Effective date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s3246is/xml/BILLS-117s3246is.xml |
117-s-3247 | II 117th CONGRESS 1st Session S. 3247 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Cortez Masto (for herself, Mr. Tester , Mr. Blumenthal , Ms. Rosen , Ms. Hirono , Mr. Brown , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To extend certain expiring provisions of law relating to benefits provided under Department of Veterans Affairs educational assistance programs during the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Responsible Education Mitigating Options and Technical Extensions Act of 2021 or the REMOTE Act of 2021 . 2. Extensions of certain provisions of law relating to benefits provided under Department of Veterans Affairs educational assistance programs during COVID–19 pandemic (a) Extension of student veteran coronavirus response act of 2020 Section 2 of the Student Veteran Coronavirus Response Act of 2020 ( Public Law 116–140 ; 38 U.S.C. 3031 note), as amended by section 5202(a) of the Department of Veterans Affairs Expiring Authorities Act of 2020 (division E of Public Law 116–159 ), is further amended by striking December 21, 2021 and inserting June 1, 2022 . (b) Extension of payment of work-Study allowances during emergency situation Section 3 of the Student Veteran Coronavirus Response Act of 2020 ( 38 U.S.C. 3485 note) is amended by striking During the covered period and inserting During the period beginning on March 1, 2020, and ending on June 1, 2022 . (c) Extension of period for continuation of Department of Veterans Affairs educational assistance benefits for certain programs of education converted to distance learning by reason of emergencies and health-Related situations Section 1(b) of Public Law 116–128 ( 38 U.S.C. 3001 note prec.), as amended by section 5202(b) of the Department of Veterans Affairs Expiring Authorities Act of 2020 (division E of Public Law 116–159 ), is further amended by striking December 21, 2021 and inserting June 1, 2022 . (d) Extension of modification of time limitations on use of entitlement to Montgomery GI bill and vocational rehabilitation and training Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ) is amended by striking December 21, 2021 each place it appears and inserting June 1, 2022 . (e) Extension of continuation of Department of Veterans Affairs educational assistance benefits during COVID–19 emergency Section 1102(e) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ) is amended by striking December 21, 2021 and inserting June 1, 2022 . (f) Extension of provisions relating to effects of closure of educational institution and modification of courses by reason of COVID–19 emergency Section 1103(h) of such Act is amended by striking December 21, 2021 and inserting June 1, 2022 . (g) Extension of provision relating to payment of educational assistance in cases of withdrawal Section 1104(a) of such Act is amended by striking December 21, 2021 and inserting June 1, 2022 . (h) Extension of provision relating to apprenticeship or on-Job training requirements Section 1106(b) of such Act is amended by striking December 21, 2021 and inserting June 1, 2022 . 3. Modifications to requirements for educational institutions participating in the educational assistance programs of the Department of Veterans Affairs (a) Waiver of verification of enrollment for certain educational institutions Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) Waiver The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary. . (b) Limitations on authority To disapprove of courses (1) In general Subsection (f) of section 3679 of title 38, United States Code, is amended— (A) in paragraph (2)(B), (i) by inserting , except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance after assistance ; and (ii) by adding at the end the following new subparagraph: (C) In determining whether a violation of subparagraph (B) has occurred, the State approving agency, or the Secretary when acting in the place of the State approving agency, shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(20) ). ; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): (7) This subsection shall not apply to an educational institution— (A) located in a foreign country; or (B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education. . (2) Application date The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code, until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. (3) Conforming amendments Subsection (c) of section 3696 of such title is amended— (A) by inserting (1) before An educational ; (B) by inserting , except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance after assistance ; and (C) by adding at the end the following new paragraph: (2) In determining whether a violation of paragraph (1) has occurred, the Under Secretary for Benefits shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(20) ). . (c) Exemption of foreign schools from certain requirements (1) Information relating to tests Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: (3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country. . (2) Examination of records Section 3690(c) of title 38, United States Code, is amended— (A) by striking Notwithstanding and inserting (1) Except as provided in paragraph (2), notwithstanding ; and (B) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to the records and accounts— (A) of an educational institution located in a foreign country; and (B) that pertain to an individual who is not receiving educational assistance under this chapter. . 4. Continuation of Department of Veterans Affairs educational assistance benefits for certain programs of education converted to distance learning by reason of emergencies and health-related situations (a) In general In the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any— (1) monthly housing stipends under chapter 33 of title 38, United States Code; or (2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapters 1606 and 1607 of title 10, United States Code. (b) Applicability period Subsection (a) shall apply during the period beginning on December 21, 2021, and ending on June 1, 2022. (c) Definitions In this section: (1) Educational institution The term educational institution has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). (2) Program of education The term program of education has the meaning given that term in section 3002 of title 38, United States Code. (3) State approving agency The term State approving agency has the meaning given that term in section 3671 of title 38, United States Code. 5. Budgetary effects (a) In general Amounts provided to carry out the amendments made by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) Designation in Senate In the Senate, amounts provided to carry out the amendments made by this Act are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s3247is/xml/BILLS-117s3247is.xml |
117-s-3248 | II 117th CONGRESS 1st Session S. 3248 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Rubio (for himself, Mr. Braun , Mr. Cramer , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow States and Tribal entities to use unexpended COVID–19 relief funds to pay fines on behalf of employers for violating the emergency temporary standard issued by the Department of Labor relating to COVID–19 Vaccination and Testing and any final rule issued with respect to such emergency temporary standard, and for other purposes.
1. Short title This Act may be cited as the Protecting Working Families from Federal Overreach Act . 2. Violations of COVID–19 vaccination and testing requirements (a) In general Notwithstanding any other provision of law, a State or Tribal entity may use unexpended COVID–19 relief funds distributed to the State or Tribal entity in order to pay, on behalf of an employer operating in the State or on land under the jurisdiction of the Tribal entity, any fine imposed on the employer for violating the emergency temporary standard issued by the Department of Labor relating to COVID–19 Vaccination and Testing; Emergency Temporary Standard (86 Fed. Reg. 61402 (November 5, 2021)), or any final rule issued with respect to such emergency temporary standard. (b) Definitions In this section: (1) COVID–19 relief funds The term COVID–19 relief funds means amounts appropriated by the Federal Government for COVID–19 response or relief, including such amounts appropriated under— (A) the CARES Act ( Public Law 116–136 ); (B) the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); or (C) the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (2) Employer The term employer has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). (3) State The term State means each of the 50 States, the District of Columbia, and any territory of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3248is/xml/BILLS-117s3248is.xml |
117-s-3249 | II 117th CONGRESS 1st Session S. 3249 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Wyden (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To revise the rules of construction applicable to information reporting requirements imposed on brokers with respect to digital assets, and for other purposes.
1. Rules of construction applicable to information reporting requirements imposed on brokers with respect to digital assets (a) In general Section 80603 of the Infrastructure Investment and Jobs Act is amended by striking subsection (d) and inserting the following: (d) Rule of construction (1) Definition of broker Nothing in this section or the amendments made by this section shall be construed to create any inference that a person described in section 6045(c)(1)(D) of the Internal Revenue Code of 1986, as added by this section, includes any person solely engaged in the business of— (A) validating distributed ledger transactions, (B) selling hardware or software for which the sole function is to permit a person to control private keys which are used for accessing digital assets on a distributed ledger, or (C) developing digital assets or their corresponding protocols for use by other persons, provided that such other persons are not customers of the person developing such assets or protocols. (2) Brokers and treatment of digital assets Nothing in this section or the amendments made by this section shall be construed to create any inference, for any period prior to the effective date of such amendments, with respect to— (A) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or (B) whether any digital asset is property which is a specified security under section 6045(g)(3)(B) of such Code. (e) Sense of Congress It is the sense of Congress that nothing in the amendments made by this section shall be construed to have any effect on the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ) or the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ). . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of section 80603 of the Infrastructure Investment and Jobs Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3249is/xml/BILLS-117s3249is.xml |
117-s-3250 | II 117th CONGRESS 1st Session S. 3250 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase access to higher education by providing public transit grants.
1. Short title This Act may be cited as the Providing Assistance for Transit Help to College Act or the PATH to College Act . 2. Increasing Access to higher education through public transit grants (a) Definitions In this section: (1) Eligible institution The term eligible institution means— (A) a community college; (B) a historically Black college or university; (C) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )); or (D) a minority-serving institution. (2) Eligible recipient The term eligible recipient means a public transit provider in partnership with one or more eligible institutions. (3) Historically Black college or university The term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (4) Minority-serving institution The term minority-serving institution means an eligible institution under section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q ). (5) Secretary The term Secretary means the Secretary of Transportation. (b) In general The Secretary may make grants under this section to eligible recipients to enable those eligible recipients to carry out projects described in subsection (c) to better connect students with transportation to eligible institutions. (c) Eligible projects An eligible recipient receiving a grant under this section shall use grant funds to carry out one or more of the following activities to better connect students with transportation to one or more of the eligible institutions that are part of the eligible recipient partnership: (1) Adding bus, rail, or paratransit stops at or within walking distances of campuses. (2) Adding bus, rail, or paratransit routes to and from campuses from surrounding areas and other cities. (3) Increasing the frequency of service or adjusting the time of bus, rail, or paratransit routes to allow students to get to and from their classes. (4) Subsidizing bus, rail, or paratransit costs for students. (d) Application (1) In General An eligible recipient that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including information on the extent to which the proposed projects using grant funds will improve the availability of transit access for students. (2) Priority In awarding grants under this section, the Secretary shall give priority to an eligible recipient whose partnership includes an eligible institution with respect to which more than 25 percent of students enrolled in that eligible institution receive a Federal Pell Grant. (e) Federal share (1) Capital project The Federal share of the net project cost of a capital project carried out using a grant under this section shall be not more than 80 percent. (2) Operating costs The Federal share of net operating costs for a project carried out using a grant under this section shall be not more than 50 percent. | https://www.govinfo.gov/content/pkg/BILLS-117s3250is/xml/BILLS-117s3250is.xml |
117-s-3251 | II 117th CONGRESS 1st Session S. 3251 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Durbin (for himself, Mr. Whitehouse , Ms. Warren , Mr. Brown , Mr. Blumenthal , Ms. Hirono , Mr. Markey , and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
1. Short title This Act may be cited as the Court Legal Access and Student Support Act of 2021 or the CLASS Act of 2021 . 2. Inapplicability of chapter 1 of title 9, United States Code, to enrollment agreements made between students and certain institutions of higher education (a) In General Chapter 1 of title 9 of the United States Code (relating to the enforcement of arbitration agreements) shall not apply to an enrollment agreement made between a student and an institution of higher education. (b) Definition In this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). 3. Prohibition on limitations on ability of students to pursue claims against certain institutions of higher education Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) The institution will not require any student to agree to, and will not enforce, any limitation or restriction (including a limitation or restriction on any available choice of applicable law, a jury trial, or venue) on the ability of a student to pursue a claim, individually or with others, against an institution in court. . 4. Effective date This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3251is/xml/BILLS-117s3251is.xml |
117-s-3252 | II 117th CONGRESS 1st Session S. 3252 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Lee (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To address the supply chain backlog in the freight network at United States ports, and for other purposes.
1. Short title This Act may be cited as the Surpassing Temporary Obstructions at Ports and Guaranteeing Resources to Increase the Nation's Commercial Health Act or the STOP the GRINCH Act . 2. Sense of Congress It is the sense of Congress that the unprecedented supply chain backlog in the freight network of the United States as of November 2021 is a national crisis that warrants Congressional authorization of short-term Federal emergency actions to ameliorate that crisis. 3. Addressing the supply chain crisis in the United States (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier The terms commercial motor vehicle , driver , and motor carrier have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or successor regulations). (3) Direct assistance to a United States port (A) In general The term direct assistance to a United States port means the transportation of cargo directly to or from a United States port. (B) Exclusion The term direct assistance to a United States port does not include— (i) the transportation of a mixed load of cargo that includes— (I) cargo that does not originate from a United States port; or (II) a container or cargo that is not bound for a United States port; (ii) any period during which the applicable motor carrier or driver is operating in interstate commerce to transport cargo or provide services not in support of transportation to or from a United States port; or (iii) the period after the applicable motor carrier dispatches the applicable driver or commercial motor vehicle of the motor carrier to another location to begin operation in interstate commerce in a manner that is not in support of transportation to or from a United States port. (4) Qualified applicant The term qualified applicant means a person that— (A) submits to the appropriate official an application for a waiver under this section; and (B) in the determination of that official, is eligible, in accordance with this section, to receive the waiver. (5) Temporary waiver The term temporary waiver means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (b) FMCSA temporary waivers (1) Temporary waiver of certain requirements (A) In general Not later than 7 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver that, subject to paragraph (3), waives the requirements of parts 390 through 399 of title 49, Code of Federal Regulations (or successor regulations), with respect to commercial motor vehicle operations that are providing direct assistance to a United States port. (B) Eligibility An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant is a motor carrier or driver that provides direct assistance to a United States port. (2) Temporary waiver of minimum age requirement (A) In general Not later than 2 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver from the requirement of section 391.11(b)(1) of title 49, Code of Federal Regulations (or successor regulations), for drivers that are at least 18 years old, subject to paragraph (3). (B) Eligibility An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant— (i) is providing direct assistance to a United States port; or (ii) is directly assuming the commercial motor vehicle operations of a driver who has been re-routed to a United States port to provide direct assistance to a United States port. (3) Requirements A temporary waiver under paragraph (1) or (2) shall not exempt a motor carrier or driver from— (A) the hazardous materials regulations described in subchapters A through C of chapter I of subtitle B of title 49, Code of Federal Regulations (or successor regulations); (B) the controlled substances and alcohol use and testing requirements described in part 382 of that title (or successor regulations); (C) except as provided in paragraph (2), the commercial driver’s license requirements described in part 383 of that title (or successor regulations); (D) the financial responsibility (including insurance) requirements described in part 387 of that title (or successor regulations); (E) the requirement that every commercial motor vehicle shall be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which the commercial motor vehicle is being operated, which shall include any applicable speed limits and other traffic restrictions, as described in the first sentence of section 392.2 of that title (or successor regulations); (F) the prohibition against operating a commercial motor vehicle while the ability of the driver is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for the driver to begin or continue to operate the commercial motor vehicle, as described in section 392.3 of that title (or successor regulations); (G) the prohibition against texting while driving described in section 392.80 of that title (or successor regulations); (H) the prohibition against using a hand-held mobile telephone while driving described in section 392.82 of that title (or successor regulations); or (I) any applicable size and weight requirements. (4) Driver fatigue and safety (A) In general A motor carrier receiving a temporary waiver under paragraph (1) or (2) shall not allow or require a fatigued driver to operate a commercial motor vehicle. (B) Requirement For the period during which a temporary waiver under paragraph (1) or (2) is effective, a motor carrier described in subparagraph (A) that receives from a driver notification that the driver is in need of immediate rest shall immediately provide the driver with not less than 10 consecutive hours of off-duty time before the driver is required to return to service. (c) Transportation Worker Identification Credentials The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants, including commercial drivers who are operating under a temporary waiver issued under subsection (b)(2), who reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port. (d) Temporary waiver of Jones Act requirements for certain vessels transporting cargo (1) Authority (A) Certificate of coastwise endorsement Notwithstanding the requirements under section 12112 of title 46, United States Code, and any other requirement under chapter 121 of such title, the Secretary of the department in which the Coast Guard is operating (referred to in this subsection as the Secretary ) may issue a certificate of documentation with a coastwise endorsement under such chapter 121 in accordance with this subsection for a vessel, without regard to whether the vessel meets the requirements of such section 12112, in a case that the person requesting such certificate reasonably demonstrates the endorsement (or the resulting exemption under subparagraph (B)) is for the purpose of— (i) transporting cargo from a United States port to another United States port in order to relieve any congestion, backlog, or delay at such a port; or (ii) engaging in lightering operations, which entail a ship-to-ship transfer of cargo from a vessel anchored or located off the coast of the United States to another vessel that transports such cargo to a United States port. (B) Exemption of additional requirements Until the expiration under paragraph (3) of the authority under this subsection, notwithstanding section 55102 of title 46, United States Code, such section 55102 shall not apply to any vessel that has been issued a certificate of documentation with a coastwise endorsement under subparagraph (A). (2) Timing (A) In general Not later than 48 hours after receiving a request for a certificate of documentation with a coastwise endorsement under paragraph (1)(A), the Secretary shall— (i) issue the certificate with such endorsement; or (ii) (I) submit detailed reasons for denying the certificate to the person requesting the certificate; and (II) post such denial and reasons to the public on the website of the Department in which the Coast Guard is operating. (B) Automatic issuance In the case that the Secretary does not comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for such vessel shall be deemed issued under paragraph (1)(A). (3) Expiration The authority under this subsection, including any coastwise endorsement authorized under this section, shall expire on the date that is 1 year after the date of enactment of this Act. (e) Container overflow storage (1) In general Not later than 14 days after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Transportation shall jointly consult with representatives of ocean carriers, ports, railroads, and truckers— (A) to identify plots of Federal land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior, or the Secretary of Transportation that— (i) are located within a 150 air-mile radius of a United States port; and (ii) could temporarily be used as an overflow area for the storage and transfer of empty cargo containers in order to ease the congestion and backlog at United States ports; and (B) to designate not fewer than 2 plots of Federal land identified under subparagraph (A) for the use described in clause (ii) of that subparagraph, subject to the conditions that— (i) each specific plot so designated shall be not more than 500 acres; (ii) the stacking of containers shall be permitted at each specific plot so designated for a period of not more than 6 months beginning on the date on which the designation of the plot is published in the Federal Register under paragraph (2); and (iii) containers shall not be stacked more than 6 high at any plot so designated. (2) Publication in the Federal Register The designation of a plot of Federal land under paragraph (1)(B) shall be published in the Federal Register. (3) Categorical exclusion The designation of a plot of Federal land under paragraph (1)(B) shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the condition that, prior to the designation of the plot of Federal land under that paragraph, the applicable Secretary described in paragraph (1)(A) having jurisdiction over the plot carefully considers the circumstances of the designation and determines that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement. (f) Loan of DOD intermodal equipment (1) Definitions In this subsection: (A) Intermodal equipment The term intermodal equipment has the meaning given the term in section 390.5 of title 49, Code of Federal Regulations (or successor regulations). (B) Secretary The term Secretary means the Secretary of Defense. (2) Inventory of intermodal equipment Not later than 14 days after the date of enactment of this Act, the Secretary shall conduct an inventory of intermodal equipment that— (A) is owned by the Department of Defense; (B) is located within the United States; and (C) could be made available for loan to truck companies for the purposes of easing congestion at United States ports. (3) Loan of intermodal equipment (A) Process Not later than 7 days after the date on which the inventory under paragraph (2) is complete, the Secretary shall create a process for a truck company to submit an application requesting the use of intermodal equipment identified in that inventory. (B) Conditions The loan of intermodal equipment under this subsection shall be subject to the conditions that— (i) the truck company agrees to reimburse the Secretary for any damage caused to the intermodal equipment while the intermodal equipment is loaned to the truck company; (ii) the use of the intermodal equipment by the truck company is for a period not longer than 6 months; and (iii) the use of the intermodal equipment by the truck company will not affect the national security of the United States. (C) Fees (i) In general Subject to clauses (ii) and (iii), the Secretary may charge a reasonable fee for the loan of intermodal equipment under this subsection. (ii) Consultation The Secretary may charge a fee under clause (i) if the Secretary— (I) consults with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Transportation; and (II) determines that charging a fee would be appropriate. (iii) Amount The amount of a fee under clause (i) shall be based on the market rate for similar loans or rentals of intermodal equipment or similar equipment as of January 1, 2020. (iv) Deposit and use Any fee collected by the Secretary under clause (i) shall be deposited in the general fund of the Treasury and made available to the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Transportation for remediation of any Federal land designated under subsection (e). (v) Restrictions A fee collected under clause (i) may not be used— (I) until the designation of the applicable plot of Federal land under subsection (e) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e). (4) Recall of intermodal equipment To protect the national security of the United States, the Secretary may recall any intermodal equipment on loan to a truck company under this subsection by issuing a notice to the truck company 72 hours before the time at which the intermodal equipment is required to be returned to the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s3252is/xml/BILLS-117s3252is.xml |
117-s-3253 | II 117th CONGRESS 1st Session S. 3253 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Family and Medical Leave Act of 1993 to provide leave for the spontaneous loss of an unborn child, and for other purposes.
1. Short title This Act may be cited as the Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act or the HEALING Mothers and Fathers Act . 2. Leave for spontaneous loss of an unborn child (a) Definition of spontaneous loss of an unborn child Section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ) is amended— (1) by redesignating paragraphs (13) through (19) as paragraphs (14) through (20), respectively; (2) by inserting after paragraph (12) the following: (13) Spontaneous loss of an unborn child The term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned. ; and (3) in paragraph (19)(B), as redesignated, by striking paragraph (15)(B) and inserting paragraph (16)(B) . (b) Entitlement to Leave Section 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (G) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee. . (c) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary. . (d) Substitution of paid Leave Section 102(d)(2)(B) of such Act ( 29 U.S.C. 2612(d)(2)(B) ) is amended in the first sentence by striking (C) or (D) and inserting (C), (D), or (G) . (e) Notice Section 102(c) of such Act ( 29 U.S.C. 2612(c) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to spontaneous loss of an unborn child For leave under subsection (a)(1)(G), the employee shall provide such notice to the employer as is reasonable and practicable. . (f) Certification Section 103 of such Act ( 29 U.S.C. 2613 ) is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 102(a)(1)(G) after section 102(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 102(a)(1) or subsection (g)(2) for leave under section 102(a)(1)(G), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) Certification for leave due to spontaneous loss of an unborn child (1) In general An employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued by the health care provider of the eligible employee or of the spouse of the eligible employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. (2) Sufficient certification Certification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate. . 3. Leave for spontaneous loss of an unborn child, for civil service employees (a) Definitions Section 6381 of title 5, United States Code, is amended— (1) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; (2) by inserting after paragraph (6) the following: (7) the term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned; ; and (3) in paragraph (12)(B), as redesignated, by striking paragraph (8)(B) and inserting paragraph (9)(B) . (b) Entitlement to Leave Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee. . (c) Schedule Section 6382(b)(1) of title 5, United States Code, is amended by inserting after the third sentence the following: Subject to subsection (e)(4), and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary. . (d) Substitution of paid Leave Section 6382(d)(1) of title 5, United States Code, is amended in the first sentence by striking or (E) and inserting (E), or (F) . (e) Notice Section 6382(e) of title 5, United States Code, is amended by adding at the end the following: (4) For leave under subsection (a)(1)(F), the employee shall provide such notice to the employing agency as is reasonable and practicable. . (f) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 6382(a)(1)(F) after section 6382(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 6382(a)(1) or subsection (g)(2) for leave under section 6382(a)(1)(F), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) (1) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued by the health care provider of the employee or of the spouse of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency. (2) Certification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate. . 4. Refundable personal credit for individuals who have suffered a stillbirth (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Stillbirths (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $3,600. (b) Eligible individual For purposes of this section, the term eligible individual means any individual— (1) who suffered during the taxable year the stillbirth of a child who would have been a qualifying child of the taxpayer (within the meaning of section 152) for the taxable year if such child had been born live; and (2) for whom a certificate of birth resulting in stillbirth has been issued under applicable State law. (c) Stillbirth For purposes of this section, the term stillbirth means the delivery of a child where there was a spontaneous death of the child, not induced by any purposeful act, before the complete delivery from the child's mother. (d) Identification requirement (1) In general No credit shall be allowed under this section to a taxpayer unless the taxpayer includes the social security number of such taxpayer on the return of tax for the taxable year. In the case of a joint return, the requirements of this subsection shall be treated as met as long as 1 spouse includes a social security number on the return of tax for the taxable year. (2) Social security number For purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return. . (b) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Stillbirths. . (c) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C after 36B . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Prohibition of funding family planning providers that offer abortion services Title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ) is amended by adding at the end the following: 1009. Additional prohibition regarding abortion The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not— (1) perform an abortion, or provide funding to any other entity that performs abortions; or (2) refer patients to an abortion provider. . | https://www.govinfo.gov/content/pkg/BILLS-117s3253is/xml/BILLS-117s3253is.xml |
117-s-3254 | II 117th CONGRESS 1st Session S. 3254 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Merkley (for himself, Mr. Blumenthal , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide grants to local educational agencies to help public schools reduce class size in the early elementary grades, and for other purposes.
1. Short title This Act may be cited as the Smaller Class Sizes for Students and Educators Act of 2021 . 2. Definitions In this Act: (1) ESEA terms The terms elementary school , local educational agency , poverty line , professional development , and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Early elementary grades The term early elementary grades means kindergarten through grade 3. (3) Secretary The term Secretary means the Secretary of Education. (4) Targeted school The term targeted school means a public elementary school served by a local educational agency that is in the highest quartile of all public elementary schools served by the local educational agency based on the number of students enrolled in the school who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). 3. Reducing class size in kindergarten through grade 3 classrooms (a) Program authorized (1) In general From amounts made available under subsection (g), the Secretary shall award grants, on a competitive basis, to local educational agencies to enable the local educational agencies to reduce class sizes in the early elementary grades. (2) Duration of grant A grant awarded under this section shall be for a period of 5 years. (b) Application A local educational agency that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the local educational agency’s evidence-based plan to reduce class sizes in the early elementary grades that includes the following: (1) A description of— (A) how the local educational agency will reduce the class sizes in the early elementary grades in the targeted schools served by the local educational agency to not more than 18 students per class, including— (i) the early elementary grade levels that will be supported under the grant; (ii) how the agency will take into consideration the needs of subgroups of students (as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(2) )), grade level, subject area, physical facilities, and workload maximums for educators when determining class size maximums; and (iii) how the local educational agency will determine or define class size; and (B) the continuum of small class sizes based on grade level the local educational agency will provide for students in the early elementary grades in the targeted schools served by the local educational agency. (2) A description of how the local educational agency will recruit, hire, prepare, and retain educators, including educators from populations underrepresented in the teaching profession (including by racial, ethnic, or linguistic group), as teachers in the early elementary grades. (3) A description of how the local educational agency will provide professional development and training for teachers in the early elementary grades to improve students’ academic, social, emotional, and mental health outcomes. (4) A description of how the local educational agency will provide educators with sufficient preparation time during the school year for activities such as analyzing student work, instruction and assessment planning, or curriculum and instruction-specific professional development. (5) A description of how the local educational agency will ensure that any new teachers hired using grant funds meet all applicable State certification and licensure requirements. (6) In the case of a local educational agency that is using funds available under part A of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6611 et seq. ) for class size reduction, information regarding the extent to which the funds are being used to reduce class size in the early elementary grades in targeted schools. (7) The average class size, by grade, in the early elementary grades of the public schools served by the local educational agency at the time the application is submitted and during the prior 2 academic years, and the goals for the class size, by grade, in the early elementary grades of the public schools served by the local educational agency. (c) Award basis In awarding grants under this section, the Secretary shall give priority to local educational agencies serving the greatest number or percentage of students who are from families with incomes at or below the poverty line. (d) Use of funds (1) Administrative expenses A local educational agency receiving a grant under this section may use not more than 3 percent of the grant funds for the administrative expenses of the grant. (2) Reducing class size (A) In general A local educational agency shall use not less than 97 percent of the grant funds to reduce class sizes in the early elementary grades at targeted schools served by the local educational agency by— (i) recruiting, hiring, and supporting fully certified and qualified teachers, both general education teachers and teachers of children with disabilities, for the early elementary grades at the targeted schools; (ii) obtaining additional space, or renovating school buildings, to provide more classroom space, except that not more than 15 percent of the funds provided under the grant may be used for this purpose; (iii) providing professional development for teachers of the early elementary grades at the targeted schools, except that not more than 15 percent of the funds provided under the grant may be used for this purpose; and (iv) developing feedback mechanisms to improve school working conditions, including through periodically and publicly reporting results of educator support and working conditions feedback. (B) Highest need In carrying out activities under the grant, the local educational agency shall first prioritize targeted schools that serve the highest percentage of students from families with incomes at or below the poverty line, and then prioritize such schools with the highest average class sizes in the early elementary grades. (e) Reporting (1) Annual reports (A) Local educational agencies Each local educational agency receiving a grant under this section shall prepare and submit to the State in which the agency is located an annual report on activities carried out under grant, including progress in reaching the goals in reducing class size described in the application under subsection (b)(7). (B) States A State that receives a report under subparagraph (A) shall submit such report to the Secretary. (2) Evaluation The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an evaluation of the activities carried out under grants awarded under this section, including an evaluation of— (A) the progress of the local educational agency in reducing class size in the early elementary grades at the targeted schools served by the local educational agency; (B) student academic achievement in the early elementary grades of the targeted schools receiving support through the local educational agency under the grant where pre- and post-assessment data is available; (C) a climate study of— (i) teachers in such targeted schools that addresses working conditions, job satisfaction, and teacher stress; and (ii) students, and parents of students, enrolled in such targeted schools; (D) teacher qualifications for newly hired teachers in such targeted schools for class size reduction; (E) targeted professional development and training provided to newly hired teachers in targeted schools for class size reduction; (F) the time added to be used for teachers to collaborate in targeted schools; (G) teacher chronic absenteeism and retention and turnover rates pre- and post-class size reduction efforts; and (H) rates of student discipline and chronic student absenteeism. (3) Annual reports by the Secretary By not later than 90 days after the date by which the reports under paragraph (1) are first due, and annually thereafter, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives regarding the grants awarded under this section. (f) Supplement, not supplant A local educational agency receiving funds under this section shall use such funds to supplement, and not supplant, any other funds available to the local educational agency for the purposes of reducing class size in the early elementary grades. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000,000 for the first fiscal year and such sums as are necessary for each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s3254is/xml/BILLS-117s3254is.xml |
117-s-3255 | II 117th CONGRESS 1st Session S. 3255 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Booker 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 increase the number of Vet Centers in certain States based on population metrics, and for other purposes.
1. Short title This Act may be cited as the Veterans Census-Enabled National Treatment Equitable Resource Supplement for Mental Health Act of 2021 or the Vet CENTERS for Mental Health Act of 2021 . 2. Increase in number of Vet Centers in certain states based on population metrics (a) Increase in number If the Secretary of Veterans Affairs determines that a State meets each requirement described in subsection (c), (d), or (e), the Secretary shall ensure that the number of covered Vet Centers located in the State is increased from the number of covered Vet Centers that were located in the State on December 31, 2020, through the establishment of not less than one additional covered Vet Center within the State, as applicable. (b) Existing facilities In establishing an additional covered Vet Center pursuant to a determination under subsection (a), the Secretary may establish the covered Vet Center at a facility made available to the Secretary by the head of a State, local government, or federally recognized Indian tribe to carry out this section, regardless of whether such facility is made available at a cost to the Secretary. (c) Requirements The requirements described in this subsection are, with respect to the 2020 calendar year, as follows: (1) The total population of the State exceeded 6,000,000, as determined by the Bureau of the Census. (2) The average population density of the State exceeded 200 individuals per square mile, as determined by the Bureau of the Census. (3) The total veteran population in the State was greater than 250,000 veterans, as determined by the Secretary. (4) The ratio of veteran population in the State to covered Vet Centers located in the State exceeded 50,000 veterans per one covered Vet Center, as determined by the Secretary (regardless of the number of veterans who received services at covered Vet Centers located in the State during such year). (d) Alternative requirements The requirements described in this subsection are as follows: (1) The State does not share a land border with another State. (2) The State is located not less than 2,000 miles from the contiguous United States. (3) There is no covered Vet Center located in the State. (e) Additional alternative requirements The requirements described in this subsection are as follows: (1) There are fewer than five covered Vet Centers located in the State. (2) The land area of the State exceeds 75,000 square miles. (3) During the 2020 calendar year, the total population of the State exceeded 5,000,000 individuals, as determined by the Bureau of the Census. (4) During the 2020 calendar year, the ratio of veteran population in the State to covered Vet Centers located in the State exceeded 75,000 veterans per one covered Vet Center, as determined by the Secretary (regardless of the number of veterans who received services at covered Vet Centers located in the State during such year). (f) Community-Based outpatient clinics The Secretary shall establish a covered community-based outpatient clinic in each State that the Secretary determines meets the following requirements: (1) The State does not share a land border with another State. (2) The State is located not less than 2,000 miles from the contiguous United States. (3) There is no covered community-based outpatient clinic located in the State. (g) Deadline The Secretary shall establish such additional covered Vet Centers as may be required pursuant to a determination under subsection (a), and such covered community-based outpatient clinics as may be required pursuant to a determination under subsection (f), by not later than two years after the date of the enactment of this Act. (h) Definitions In this section: (1) Covered community-based outpatient clinic The term covered community-based outpatient clinic means a community-based outpatient clinic of the Department of Veterans Affairs that is scheduled to be open for the provision of community-based outpatient services for a minimum of eight hours per day during five days of the week, except that the community-based outpatient clinic may be open for less than such minimum period on a temporary basis as a result of a Federal holiday, weather concern, safety concern, pandemic, or for such other reasons as may be determined appropriate by the Secretary. (2) Covered Vet Center The term covered Vet Center — (A) means a Vet Center, as such term is defined in section 1712A of title 38, United States Code, that is scheduled to be open for the provision of services under such section for a minimum of eight hours per day during five days of the week, except that the Vet Center may be open for less than such minimum period on a temporary basis as a result of a Federal holiday, weather concern, safety concern, pandemic, or for such other reasons as may be determined appropriate by the Secretary; and (B) does not include a Vet Center outstation. (3) State The term State has the meaning given such term in section 101 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3255is/xml/BILLS-117s3255is.xml |
117-s-3256 | II 117th CONGRESS 1st Session S. 3256 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Scott of Florida (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve accountability of disaster contracts, and for other purposes.
1. Short title This Act may be cited as the Disaster Contract Transparency Act of 2021 . 2. Debris removal contract oversight (a) In general Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: 431. Public assistance grant program eligibility and oversight for debris removal (a) Definitions In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term covered State means a State for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; (4) the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; and (5) the term public assistance grant program means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a). (b) Eligibility (1) In general (A) Advance contact required Except as provided in subparagraph (B), a covered State or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program, including direct Federal assistance for debris removal provided by the Corps of Engineers, unless the covered State or covered unit of local government has in effect, prior to the major disaster or emergency declaration under this Act for which the covered State or covered unit of local government is seeking debris removal assistance, an advance contract for debris removal services that collectively provides adequate coverage, as determined by the Administrator, for debris removal for the entire State. (B) Grace period Subparagraph (A) shall not apply during the 1-year period beginning on the date on which a State or unit of local government becomes a covered State or covered unit of local government. (2) Reporting For purposes of determining eligibility under paragraph (1), each covered State shall submit, on an annual basis, a report to the Administrator on all advanced contracts in effect for the covered State or covered units of local government within the State, including, for each advanced contract— (A) the name of the contractor; (B) the contract terms and conditions; (C) the reimbursement rates; (D) verification and oversight agreements; (E) geographic coverage of the contract; (F) capacity of contractor; and (G) debris removal assets owned by the contractor. (c) Reimbursement of debris removal contracts With respect to reimbursing advance contracts for debris removal services described in subsection (b), the Administrator shall reimburse for such services at the lower of— (1) the rate of the Federal contract, if any; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors (1) In general Except as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach A determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty The Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight (1) In general Not later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) guidance for State and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State for which a public assistance grant program grant is awarded; and (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program. (2) Review and update of guidance and procedures The Administrator shall review and update the guidance and procedures required under paragraph (1) as appropriate, but not less frequently than once every 3 years. (3) Requirements (A) In general In developing the guidance and procedures required under paragraph (1), the Administrator shall— (i) except as provided in subparagraph (B), require that not later than 45 days after a grant is awarded under the public assistance grant program for debris removal, and once every 45 days thereafter for the duration of the grant, the State shall submit a report to the Administrator on the progress of the debris removal; and (ii) ensure that oversight of debris removal operations can be accomplished in all units of local government of a State in which debris removal operations are being carried out, such as through real-time reporting on operations. (B) Waiver of reporting requirement The Administrator may waive the reporting requirement described in subparagraph (A)(i), if the Administrator determines, on a case-by-case basis, that such reporting requirement would negatively impact disaster recovery efforts. (f) Training The Administrator shall provide training on appropriate debris removal guidance and procedures to— (1) Agency debris monitors; and (2) appropriate State and private entities. (g) Field presence of Federal coordinating officers (1) In general The Administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that Federal coordinating officers appointed under section 302 can use to determine appropriate cost-effective field presence required for debris removal oversight. (2) Verifying debris amounts and reimbursement (A) In general The Administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall, as part of the assistance application, enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors, which shall require that one of the verification methods approved by the Administrator under subparagraph (B) be used to conduct the oversight and verification. (B) Verification methods For purposes of subparagraph (A), the Administrator shall, on an annual basis, develop and publish a list of approved verification methods, which may include— (i) a digital photograph of each load of debris to validate load tickets; (ii) a digital photograph of each truck used to haul debris to verify truck certifications; and (iii) measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses (i) and (ii). (3) Penalties for inaccurate accounting of debris removal amounts Any discrepancy between the reported amount of debris collected by a contractor and the verified amount, as determined using an approved verification method under paragraph (2)(B), shall incur a penalty at 2 times the reimbursement rate of the documented discrepancy. . (b) Advance contracting Section 691 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 791 ) is amended— (1) in subsection (b), by adding at the end the following: (5) Additional contracts If it is determined under subsection (e)(2) that an advanced contract is needed for a good or service described in such subsection, the Administrator shall, to the greatest extent possible, enter into 1 or more advance contracts for that good or service. (6) Priority To the greatest extent possible, the Administrator shall use advance contracts for goods and services before making new post-disaster contract awards for the same or similar goods and services. ; and (2) by adding at the end the following: (e) Annual reports Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report on advanced contracts that contains— (1) a comprehensive list of advance contracts in effect as of the date the report, which shall include— (A) the contracting entity; (B) the award amount; (C) the good or service being provided under the contract; and (D) the duration of the contract; and (2) a review of the need for advance contracts that may be lacking as of the date of the report for— (A) debris removal services; (B) prefabricated and portable buildings; (C) inspection services; (D) installation of power transmission equipment; and (E) other goods and services determined by the Administrator to be appropriate for advance contracts. . (c) Effective date Subsections (b) and (c) of section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall not take effect until the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3256is/xml/BILLS-117s3256is.xml |
117-s-3257 | II 117th CONGRESS 1st Session S. 3257 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mrs. Shaheen (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to lengthen the period of time during which certain controlled substances must be administered to a patient after being delivered by a pharmacy to the administering practitioner.
1. Delivery of a controlled substance by a pharmacy to an administering practitioner Section 309A of the Controlled Substances Act ( 21 U.S.C. 829a ) is amended— (1) in subsection (a)(5), by striking 14 days and inserting 60 days ; and (2) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (C) in paragraph (1), as so redesignated, by striking the Attorney General, and all that follows and inserting the following: the Attorney General may modify the number of days described in subsection (a)(5) if the Secretary determines that the modification will— (A) reduce the risk of diversion; or (B) protect the public health. ; and (D) in paragraph (2), as so redesignated, by striking 7 days and inserting 14 days . | https://www.govinfo.gov/content/pkg/BILLS-117s3257is/xml/BILLS-117s3257is.xml |
117-s-3258 | II 117th CONGRESS 1st Session S. 3258 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Markey (for himself, Mr. Van Hollen , Ms. Klobuchar , Mr. Blumenthal , 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 conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative.
1. Short title This Act may be cited as the Flu Vaccine Act . 2. Research for the creation of a universal influenza vaccine or preventative (a) In general The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3258is/xml/BILLS-117s3258is.xml |
117-s-3259 | II 117th CONGRESS 1st Session S. 3259 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Klobuchar (for herself and Mr. Hoeven ) 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 recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.
1. Short title This Act may be cited as the Tribal Adoption Parity Act . 2. Recognizing Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Paragraph (3) of section 23(d) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A), by inserting or Indian tribal government after the words a State , and (2) in subparagraph (B), by inserting or Indian tribal government after the words such State . (b) Effective date The amendments made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3259is/xml/BILLS-117s3259is.xml |
117-s-3260 | II 117th CONGRESS 1st Session S. 3260 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require a 20th anniversary review of the missions, capabilities, and performance of the Transportation Security Administration.
1. Short title This Act may be cited as the Transportation Security Administration 20th Anniversary Review Act . 2. 20th anniversary review of Transportation Security Administration (a) In general The Administrator of the Transportation Security Administration shall enter into an arrangement with a federally funded research and development center to conduct a comprehensive review of the missions, capabilities, and performance of the Transportation Security Administration during the 20 years since its establishment. (b) Elements The review required by subsection (a) shall include the following: (1) An assessment of the effectiveness of the Transportation Security Administration in executing the missions required by statute. (2) An assessment of the organizational structure of the Transportation Security Administration and recommendations for improving that structure, including any benefits of separating the operations and compliance missions of the Transportation Security Administration. (3) An assessment of whether the Transportation Security Administration should retain its current missions and, if necessary, recommendations on legislative changes needed to streamline those missions. (4) An assessment of whether the Transportation Security Administration is maximizing the use of flexibilities provided by statute with respect to human capital. (5) If the Transportation Security Administration is not maximizing the use of those flexibilities, recommendations for improving the use of those flexibilities administratively. (6) An assessment of efforts of the Transportation Security Administration to retain transportation security officers, an assessment of whether those efforts are effective, and recommendations with respect to how the Transportation Security Administration could improve those efforts based on the experiences of other large Federal employers with a significant entry-level workforce. (7) An assessment of whether the Transportation Security Administration deployed the number of transportation security officers identified by its resource allocation plan. (8) An assessment of the utilization by the Transportation Security Administration of the Screening Partnership Program under section 44920 of title 49, United States Code, and recommendations for expanding that program. (9) A comparative analysis of screening conducted under the Screening Partnership Program and screening conducted by employees of the Transportation Security Administration, including an analysis of— (A) cost, performance (detection), staffing, and attrition; and (B) whether the Transportation Security Administration intentionally disadvantages or causes difficulties for airports that use the Screening Partnership Program or providers of screening services under the Program. (10) An assessment of the user-pay model for funding for the Transportation Security Administration, recommendations with respect to how to reimplement that model, and an assessment of— (A) whether the Transportation Security Administration is appropriately using the Aviation Security Capital Fund established under section 44923(h) of title 49, United States Code; and (B) the potential cost savings if the Transportation Security Administration fully reimbursed airports for purchasing and deploying screening technology. (11) An assessment of the effectiveness of the Transportation Security Administration in implementing the Registered Traveler Program and recommendations for modernization of the program for full integration with the biometric technology of the Transportation Security Administration. (12) An assessment of the capabilities of the Transportation Security Administration to respond to homeland security intelligence and recommendations for improving those capabilities. (13) A review of the threats to transportation identified by the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (14) An assessment of and recommendations with respect to the use by the Transportation Security Administration of outcome-oriented performance measures when procuring transportation security technology. (15) Recommendations with respect to how the Transportation Security Administration could diversify the transportation security industrial base. (16) An assessment of and recommendations with respect to how the Transportation Security Administration can facilitate an expansion of transportation security norms with international partners and where appropriate reduce the need for redundant screening. (17) An assessment of the role of the Transportation Security Administration as a regulator and recommendations with respect to how the Transportation Security Administration could reduce regulatory burdens without sacrificing security. (18) An assessment of how the Transportation Security Administration is working with airport operators to expand capacity at constrained checkpoints, including whether the Transportation Security Administration is accurately and consistently measuring wait times at individual checkpoints and across the system. (19) An assessment of the efficacy of the 5-year technology plan of the Transportation Security Administration. (20) An assessment of the acquisition practices used by the Transportation Security Administration and the effectiveness of those practices in achieving rapid capability delivery. (c) Report to Congress (1) In general Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the findings of the federally funded research and development center pursuant to the review conducted under subsection (a). (2) Form of report (A) In general The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (B) Inclusions in classified annex Findings relating to the matters described in paragraphs (12) and (13) of subsection (b) shall be included in the classified annex. (d) Authorization of appropriations There are authorized to be appropriated to the Administrator $2,000,000 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3260is/xml/BILLS-117s3260is.xml |
117-s-3261 | II 117th CONGRESS 1st Session S. 3261 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Braun 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 provide for the inclusion of certain emblems on headstones and markers furnished for veterans by the Secretary of Veterans Affairs, and for other purposes.
1. Inclusion of certain emblems on headstones and markers furnished by the Secretary of Veterans Affairs (a) In general Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (l) (1) A headstone or marker furnished for a veteran under subsection (a), (b), or (d) may include— (A) no emblem; (B) an emblem of belief; or (C) an emblem from among a list of emblems that the Secretary of Defense, in coordination with the Secretary, shall establish. (2) The list established under paragraph (1)(C) shall include the following: (A) An emblem with respect to— (i) each unit at the level of separate brigade or higher in the Army and each equivalent unit in the Navy, Marine Corps, Air Force, and Coast Guard; and (ii) each skill or combat badge or tab earned by a member of the Armed Forces. (B) One or more emblems of the commissioned Regular Corps of the Public Health Service. (C) One or more emblems of the commissioned officer corps of the National Oceanic and Atmospheric Administration. (D) Such other emblems as the Secretary of Defense, in coordination with the Secretary, considers appropriate and practical, such as the Marine Corps emblem or Army Infantry insignia. (3) The Secretary of Defense shall provide the Secretary with a digitized representation of each emblem included in the list established under paragraph (1)(C). . (b) Establishment of list of approved emblems Not later than June 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall establish the list of approved emblems required by paragraph (1)(C) of subsection (l) of such section 2306, as added by subsection (a), in accordance with such subsection (l). (c) Availability of approved emblems Not later than October 1, 2022, the Secretary of Veterans Affairs shall make the emblems on the list of approved emblems required by subsection (l)(1)(C) of such section 2306, as added by subsection (a), available for inclusion on headstones and markers. (d) Applicability The amendment made by subsection (a) shall apply with respect to headstones and markers furnished by the Secretary of Veterans Affairs after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3261is/xml/BILLS-117s3261is.xml |
117-s-3262 | II 117th CONGRESS 1st Session S. 3262 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Wicker (for himself, Mrs. Capito , Mr. Moran , Mr. Young , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the efficient movement of freight at ports in the United States, and for other purposes.
1. Short title This Act may be cited as the Facilitating Relief for Efficient Intermodal Gateways to Handle Transportation Act or the FREIGHT Act . 2. Definitions In this Act: (1) Commission The term Commission means the Federal Maritime Commission. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Grant program to improve movement of freight (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a port authority; (B) a State entity; and (C) a local entity. (2) Program The term program means the discretionary grant program established under subsection (b). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, within the Office of the Secretary, a discretionary grant program relating to improving the efficient movement of freight at ports. (c) Goals The goals of the program shall be to fund, through the provision of 1 or more grants, planning projects that— (1) identify what would be needed for eligible entities— (A) to standardize the definitions of terms used in port operations and related documentation, including— (i) terms used in bills of lading; (ii) the terms used to identify various port call processes; and (iii) terms used to notify relevant stakeholders that the freight of those stakeholders is available; or (B) to develop the technology needed to improve communication of eligible entities with respect to freight location, availability, and equipment among— (i) port authorities; (ii) marine terminal operators; (iii) shippers; (iv) rail carriers; (v) motor carriers and drayage providers; and (vi) other relevant stakeholders; and (2) result in a planning document described in subsection (e). (d) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of the means by which the eligible entity will incorporate the views and input of other port stakeholders in identifying what would be needed to standardize the definitions described in subsection (c)(1)(A) and develop the technology described in subsection (c)(1)(B). (e) Planning document Each eligible entity that receives a grant under the program shall develop and submit to the Secretary, at such time as the Secretary determines to be appropriate, a planning document that— (1) identifies what would be necessary to standardize the applicable definitions; (2) identifies what would be necessary to develop the applicable technology; (3) includes input from relevant stakeholders, such as marine terminal operators, port authorities, State and local governments, ocean carriers, barge operators, motor carriers, rail carriers, drayage providers, chassis providers, and freight forwarders and brokers; and (4) addresses concerns regarding data privacy. (f) Project requirements (1) Federal share The Federal share of the total costs of a project for which a grant is provided under the program shall be not more than 50 percent. (2) Maximum grant amount The maximum amount of a grant provided under the program shall be $1,000,000. (3) Eligible expenses A grant provided under the program may be used for eligible project expenses, including— (A) communications hardware and software; (B) data management hardware and software; and (C) planning and engineering costs. (g) Grant information At the request of an eligible entity that receives a grant under the program, the Secretary shall provide to the eligible entity information relating to other grant programs offered through the Department of Transportation under which the planning projects of the eligible entity under the program may be considered to be an eligible activity. (h) Lessons learned The Secretary shall— (1) analyze the information contained in each planning document submitted under subsection (e); and (2) develop and make publicly available lessons learned with respect to standardizing port definitions and communications technology based on that information. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,500,000 for fiscal year 2023. 4. Study on documentation and terms used in freight transportation Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study— (1) to identify and document— (A) the documentation, the data and information exchange, and other actions necessary to transport freight from a point of origin overseas to a destination in the United States, or from a point of origin in the United States to a destination overseas, including transportation of the freight— (i) from the point of origin to an ocean carrier; (ii) on an ocean carrier; (iii) through any port; and (iv) by rail or truck from a port to the destination; (B) whether and how the key terms used in that documentation or the data and information exchanged, or to describe various actions to move freight, vary depending on— (i) the type of freight being moved; (ii) the mode by which the freight moves; (iii) whether the freight is required to be moved by multiple modes; (iv) the State or region in the United States from, through, or to which the freight moves; (v) the port or marine terminal operator; (vi) the origination or destination of the freight; and (vii) other relevant criteria; and (C) recommendations with respect to means to rationalize existing terms, documentation, and data and information exchanged to enable port stakeholders to better track and manage freight transfer and delivery; and (2) to assess and determine— (A) the data held and shared across existing, separate data systems used in international transportation across different modes of transportation, with respect to methods to link those data across the existing, separate data systems; (B) the best methods to link and enable effective exchange of those data across existing systems, both domestically and internationally; (C) methods to standardize data obtained from long-standing separate data systems; and (D) gaps in existing data and technology standards that would be necessary to address the development of systems to allow port stakeholders to better track and predict— (i) the location of freight at ports; (ii) the availability of freight for pickup; and (iii) the ability to receive and return equipment at ports. 5. Dwell time statistics (a) Definitions In this section: (1) Director The term Director means the Director of the Bureau of Transportation Statistics. (2) Dwell time The term dwell time , with respect to a piece of equipment, means the quantity of time during which the piece of equipment is— (A) subject to maintenance; or (B) in use. (3) Marine container The term marine container means an intermodal container with a length of— (A) not less than 20 feet; and (B) not greater than 45 feet. (b) Authority To collect data (1) In general Each port, marine terminal operator, and chassis provider shall submit to the Director such data as the Director determines to be necessary for the implementation of this section, subject to subchapter III of chapter 35 of title 44, United States Code. (2) Approval by OMB The Director of the Office of Management and Budget shall approve an information collection for purposes of this section by not later than 60 days after the date of enactment of this Act. (c) Publication Not later than 240 days after the date of enactment of this Act, and not less frequently than monthly thereafter, the Director shall publish statistics relating to the dwell time of equipment used in intermodal transportation, including— (1) total dwell time, from all causes, of marine containers and marine container chassis; and (2) at a minimum, maintenance dwell time and in-use dwell time of marine containers and marine container chassis. (d) Factors To the maximum extent practicable, the Director shall publish the statistics described in subsection (c)— (1) on a local, regional, and national basis; and (2) at major coastal and inland port facilities. 6. Federal Maritime Commission activities (a) Public submissions to Commission The Chairperson of the Commission shall— (1) establish on the public website of the Commission a webpage that allows for the submission of comments, complaints, concerns, reports of noncompliance, requests for investigation, and requests for alternative dispute resolution; and (2) direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission. (b) Authorization of Office of Consumer Affairs and Dispute Resolution Services The Commission shall maintain an Office of Consumer Affairs and Dispute Resolution Services to provide nonadjudicative ombuds assistance, mediation, facilitation, and arbitration to resolve challenges and disputes involving cargo shipments, household good shipments, and cruises subject to the jurisdiction of the Commission. (c) Enhancing capacity for investigations (1) In general Pursuant to section 41302 of title 46, United States Code, not later than 18 months after the date of enactment of this Act, the Chairperson of the Commission shall staff within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis not fewer than 7 total positions to assist in investigations and oversight, in addition to the positions within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis on that date of enactment. (2) Duties The additional staff appointed under paragraph (1) shall provide support— (A) to Area Representatives of the Bureau of Enforcement; (B) to attorneys of the Bureau of Enforcement in enforcing the laws and regulations subject to the jurisdiction of the Commission; (C) for the alternative dispute resolution services of the Commission; or (D) for the review of agreements and activities subject to the authority of the Commission. 7. Best practices for chassis pools (a) In general Not later than April 1, 2023, the Commission shall enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine under which the Transportation Research Board shall carry out a study and develop best practices for on-terminal or near-terminal chassis pools that provide service to marine terminal operators, motor carriers, railroads, and other stakeholders that use the chassis pools, with the goal of optimizing supply chain efficiency and effectiveness. (b) Requirements In developing best practices under subsection (a), the Transportation Research Board shall— (1) take into consideration— (A) practical obstacles to the implementation of chassis pools; and (B) potential solutions to those obstacles; and (2) address relevant communication practices, information sharing, and knowledge management. (c) Publication The Commission shall publish the best practices developed under this section on a publicly available website by not later than April 1, 2024. (d) Authorization of appropriations There is authorized to be appropriated to the Commission to carry out this section $500,000. 8. Enhancing anti-retaliation protections (a) General prohibitions Section 41102 of title 46, United States Code, is amended by adding at the end the following: (d) Retaliation and other discriminatory actions A common carrier, marine terminal operator, or ocean transportation intermediary, acting alone or in conjunction with any other person, directly or indirectly, may not— (1) retaliate against a shipper, an agent of a shipper, an ocean transportation intermediary, or a motor carrier by refusing, or threatening to refuse, an otherwise-available cargo space accommodation; or (2) resort to any other unfair or unjustly discriminatory action for— (A) the reason that a shipper, an agent of a shipper, an ocean transportation intermediary, or motor carrier has— (i) patronized another carrier; or (ii) filed a complaint against the common carrier, marine terminal operator, or ocean transportation intermediary; or (B) any other reason. . (b) Conforming amendments (1) Section 41104 of title 46, United States Code, is amended— (A) in subsection (a)— (i) by striking paragraph (3); and (ii) by redesignating paragraphs (4) through (13) as paragraphs (3) through (12), respectively; (B) in subsection (b), by striking subsection (a)(13) and inserting subsection (a)(12) ; and (C) in subsection (c), by striking subsection (a)(13) and inserting subsection (a)(12) . (2) Section 41108(a) of title 46, United States Code, is amended by striking section 41104(1), (2), or (7) of this title and inserting paragraph (1), (2), or (6) of section 41104(a) . (3) Section 41109(c) of title 46, United States Code, is amended by striking section 41102(a) or 41104(1) or (2) of this title and inserting subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a) . (4) Section 41305 of title 46, United States Code, is amended— (A) in subsection (c), by striking 41104(3) or (6), or 41105(1) or (3) of this title and inserting section 41104(a)(5), or paragraph (1) or (3) of section 41105 ; and (B) in subsection (d), by striking section 41104(4)(A) or (B) of this title and inserting subparagraph (A) or (B) of section 41104(a)(3) . (c) Enhancing reparations for violations Section 41305(c) of title 46, United States Code (as amended by subsection (b)(4)(A)), is amended by striking 41102(b) and inserting subsection (b) or (c) of section 41102 . 9. Relief available in enforcement proceedings (a) Assessment of penalties Section 41109 of title 46, United States Code, is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) General authority Until a matter is referred to the Attorney General, the Federal Maritime Commission may— (1) after notice and opportunity for a hearing, in accordance with this part— (A) assess a civil penalty; or (B) in addition to, or in lieu of, assessing a civil penalty under subparagraph (A), order a refund of money (including additional amounts in accordance with section 41305(c)), subject to subsection (b)(2); and (2) compromise, modify, or remit, with or without conditions, a civil penalty or refund imposed under paragraph (1). (b) Determination of amount (1) Factors for consideration In determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection (a), the Federal Maritime Commission shall take into consideration— (A) the nature, circumstances, extent, and gravity of the violation committed; (B) with respect to the violator— (i) the degree of culpability; (ii) any history of prior offenses; (iii) the ability to pay; and (iv) such other matters as justice may require; and (C) the amount of any refund of money ordered pursuant to subsection (a)(1)(B). (2) Commensurate reduction in civil penalty (A) In general In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)). (B) Treatment of refunds A refund of money ordered pursuant to subsection (a)(1)(B) shall be— (i) considered to be compensation paid to the applicable claimant; and (ii) deducted from the total amount of damages awarded to that claimant in a civil action against the violator relating to the applicable violation. ; (2) in subsection (c), by striking may not be imposed and inserting or refund of money under subparagraph (A) or (B), respectively, of subsection (a)(1) may not be imposed ; (3) in subsection (e), by inserting or order a refund of money after penalty ; (4) in subsection (f), by inserting , or that is ordered to refund money, after assessed ; and (5) in subsection (g), in the first sentence, by inserting or a refund required under this section after penalty . (b) Enforcement of reparation orders Section 41309 of title 46, United States Code, is amended— (1) in subsection (a), by striking reparation, the person to whom the award was made and inserting a refund of money or reparation, the person to which the refund or reparation was awarded ; and (2) in subsection (b), in the first sentence— (A) by striking made an award of reparation and inserting ordered a refund of money or any other award of reparation ; and (B) by inserting (except for the Commission or any component of the Commission) after parties in the order . 10. Port infrastructure performance (a) Port and intermodal improvement program (1) Definition of qualifying port authority In this subsection, the term qualifying port authority means a container port that is included in the top 10 container ports with respect to the handling of 20-foot equivalent units of containerized cargo, as determined in accordance with the most recent documentation published by the Secretary. (2) Data-sharing agreement (A) In general As a condition of receipt of a grant under title 23 or 49, United States Code, a qualifying port authority shall enter into a data-sharing agreement under which the qualifying port authority shall submit to the Secretary the data described in paragraph (3), with a particular emphasis on cargo throughput data, subject to subparagraphs (B) and (C). (B) Consultation To the maximum extent practicable, to avoid duplicative reporting of data, the Secretary shall coordinate with the Commissioner of U.S. Customs and Border Protection to receive data previously collected by U.S. Customs and Border Protection for purposes of this subsection. (C) Discretion of Secretary If the Secretary determines that any data referred to in subparagraph (A) are not feasible to collect, the Secretary may exclude a qualifying port authority from the requirement to submit those data. (3) Inclusions The data referred to in paragraph (2)(A) include data collected by a qualifying port authority relating to— (A) the total capacity of inbound and outbound cargo; (B) the total volume of inbound and outbound cargo; (C) the average number of lifts per hour of containers by crane; (D) the average vessel turn time, expressed by vessel type; (E) the average cargo, container, and intermodal equipment dwell time; (F) port storage capacity and utilization; (G) modal throughput statistics, including— (i) rail statistics; and (ii) statistics relating to the time required for any single individual or truck trailer to return to the same port or port terminal (commonly known as truck turn time ); (H) the types of cargo moved; (I) the presence and location of any intermodal connectors; (J) the physical size of each terminal within applicable port boundaries; (K) maximum authorized channel depth and maximum actual and current channel depth; (L) the schedule of vessel arrivals, for use in determining vessel on-time performance; (M) berth utilization; and (N) any additional metrics, as determined by the Secretary. (4) Origin requirement The data required to be submitted under this subsection shall originate from a port authority of a qualifying port authority grant recipient. (5) Public access to data The Secretary shall ensure that the data compiled under this subsection are readily accessible to the public, in accordance with applicable security constraints and confidentiality requirements. (6) Authorization of appropriations for voluntary data-sharing pilot program There is authorized to be appropriated $150,000 for fiscal year 2023 to the Administrator of the Maritime Administration to carry out, in consultation with the Director of the Bureau of Transportation Statistics, a voluntary data-sharing pilot program that involves not less than a majority of the types of data described in paragraph (3). (b) Administration of policies and programs by Office of Multimodal Freight Infrastructure and Policy Section 118(d)(3) of title 49, United States Code (as added by section 21101(a) of the Infrastructure Investment and Jobs Act), is amended— (1) in subparagraph (A), by striking and at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) administer the port and intermodal improvement program under section 50302(c) of title 46; and . 11. Temporary emergency authority (a) Definitions In this section: (1) Common carrier The term common carrier has the meaning given the term in section 40102 of title 46, United States Code. (2) Motor carrier The term motor carrier has the meaning given the term in section 13102 of title 49, United States Code. (3) Rail carrier The term rail carrier has the meaning given the term in section 10102 of title 49, United States Code. (4) Shipper The term shipper has the meaning given the term in section 40102 of title 46, United States Code. (b) Public input on information sharing (1) In general Not later than 30 days after the date of enactment of this Act, the Commission shall issue a request for information, seeking public comment regarding— (A) whether congestion of the common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system; (B) whether an emergency order under this section would alleviate such an emergency situation; and (C) the appropriate scope of such an emergency order, if applicable. (2) Consultation During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with— (A) other Federal departments and agencies; and (B) persons with expertise relating to maritime and freight operations. (c) Authority To require information sharing On making a unanimous determination described in subsection (d), the Commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability, in order to ensure the efficient transportation, loading, and unloading of cargo to or from— (1) any inland destination or point of origin; (2) any vessel; or (3) any point on a wharf or terminal. (d) Description of determination (1) In general A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. (2) Factors for consideration In issuing an emergency order pursuant to subsection (c), the Commission shall tailor the emergency order with respect to temporal and geographic scope, taking into consideration the likely burdens on ocean carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section 40101 of title 46, United States Code. (e) Petitions for exception (1) In general A common carrier or marine terminal operator subject to an emergency order issued pursuant to this section may submit to the Commission a petition for exception from 1 or more requirements of the emergency order, based on a showing of undue hardship or other condition rendering compliance with such a requirement impracticable. (2) Determination The Commission shall make a determination regarding a petition for exception under paragraph (1) by— (A) majority vote; and (B) not later than 21 days after the date on which the petition is submitted. (3) Inapplicability pending review The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. (f) Limitations (1) Term An emergency order issued pursuant to this section— (A) shall remain in effect for a period of not longer than 60 days; but (B) may be renewed by a unanimous determination of the Commission. (2) Sunset The authority provided by this section shall terminate on the date that is 1 year after the date of enactment of this Act. 12. Additional transportation representation Section 1325(a) of title 49, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking 19 members, of which 15 members and inserting 24 members, of whom 18 ; and (2) in paragraph (3)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking (3) The remaining 6 members of the Council shall and inserting the following: (3) (A) The remaining 9 members of the Council shall be appointed to ; (C) in subparagraph (A) (as so designated)— (i) in clause (i) (as so redesignated), by striking and at the end; (ii) in clause (ii) (as so redesignated), by striking organizations (as determined by the Chairman). and inserting organizations, as determined by the Chairman; and ; and (iii) by adding at the end the following: (iii) at least 1 shall be a representative of marine terminal operators or ports. ; and (D) by adding at the end the following: (B) Nothing in this paragraph limits any provision relating to the appointment of the members under paragraph (2). . 13. Permanent waiver (a) In general Notwithstanding any other provision of law, the Administrator of the Federal Motor Carrier Safety Administration shall make permanent the waiver described in the document issued by the Administrator entitled Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID–19 Emergency and dated August 31, 2021. (b) Rulemaking Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall revise section 384.228 of title 49, Code of Federal Regulations, to provide that the waiver referred to in subsection (a) shall be permanent. | https://www.govinfo.gov/content/pkg/BILLS-117s3262is/xml/BILLS-117s3262is.xml |
117-s-3263 | II 117th CONGRESS 1st Session S. 3263 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Scott of Florida (for himself, Mr. Tuberville , Mrs. Blackburn , Mr. Johnson , Mr. Portman , Mr. Lankford , and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Inspector General of the Department of Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld.
1. Short title This Act may be cited as the Upholding the Law at Our Border Act . 2. Investigation and report on vetting and processing of illegal aliens apprehended along the southwest border and ensuring that all laws are being upheld Not less frequently than every 60 days until there have been fewer than 35,000 apprehensions per month at the southwest border for 3 consecutive months, the Inspector General of the Department of Homeland Security shall conduct an investigation and submit a report and provide a briefing to the President, the Secretary of Homeland Security, the Attorney General, the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Homeland Security of the House of Representatives regarding, with respect to the period beginning on January 20, 2021— (1) the vetting procedures applicable to aliens (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) seeking entry or admission to the United States who were apprehended along the southwest border of the United States, including the process for conducting in-person interviews with such aliens and the number of such interviews that were conducted; (2) the total number of illegal aliens who were processed and released into the interior of the United States; (3) the number of illegal aliens who received parole (humanitarian or otherwise); (4) the results of the audit of parole applications, including the justification for any instances in which parole was granted; (5) the total number of illegal aliens who have been placed in removal proceedings pursuant to section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), including— (A) how many have been removed; and (B) how many are eligible for any immigration benefit, such as asylum or lawful permanent residence; (6) the results of the audit of asylum application under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ); (7) the total number of illegal aliens who have been placed in expedited removal proceedings pursuant to section 235(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1) ), including how many have been removed; (8) the efforts of the Department of Homeland Security to continually monitor all of the illegal aliens who were apprehended along the southwest border of the United States and then released on parole, including— (A) the number who were given a notice to report to a U.S. Immigration and Customs Enforcement office; (B) the number who actually reported in compliance with such notice to report; (C) the number who were given a notice to appear before an immigration judge; and (D) the number who have prior criminal convictions or terms of imprisonment in the United States or outside of the United States; (9) the total number of illegal aliens who were processed and released into the interior of the United States without participating in an alternatives to detention program, such as using an ankle monitor or another tracking monitor; and (10) the States and counties in which the Department of Homeland Security or the Department of Health and Human Services has resettled illegal aliens since January 20, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3263is/xml/BILLS-117s3263is.xml |
117-s-3264 | II 117th CONGRESS 1st Session S. 3264 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Luján (for himself, Mr. Cramer , Mr. Heinrich , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior and the Secretary of Agriculture to develop long-distance bike trails on Federal land, and for other purposes.
1. Short title This Act may be cited as the Biking on Long-Distance Trails Act . 2. Definitions In this Act: (1) Federal land The term Federal land means— (A) land under the jurisdiction of the Secretary; and (B) National Forest System land. (2) Long-distance bike trail The term long-distance bike trail means a continuous route, consisting of 1 or more trails, that— (A) is not less than 80 miles in length on Federal land; (B) to the maximum extent practicable, makes use of existing trails and roads; and (C) may be used for mountain biking, road biking, touring, or gravel biking. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Secretary concerned The term Secretary concerned means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to National Forest System land. 3. Long-distance bike trails on federal land (a) Identification of long-Distance trails The Secretaries concerned shall— (1) identify not fewer than 10 long-distance bike trails, consistent with management requirements for the Federal land identified that make use of trails and roads in existence on the date of enactment of this Act; and (2) (A) identify not fewer than 10 areas in which there is an opportunity to develop or complete long-distance bike trails, consistent with the management requirements for the Federal land identified; and (B) coordinate with stakeholders on the feasibility of, and identifying any resources necessary for, completing the development of the trails identified under subparagraph (A). (b) Maps, signage, and promotional materials For any long-distance bike trail identified under subsection (a), the Secretary concerned may publish and distribute maps, install signage, and issue promotional materials. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, in partnership with interested organizations, shall prepare and publish a report that lists the trails identified under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3264is/xml/BILLS-117s3264is.xml |
117-s-3265 | II 117th CONGRESS 1st Session S. 3265 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the National Nuclear Security Administration to release all of its reversionary rights to the building located at 4170 Allium Court, Springfield, Ohio.
1. Short title This Act may be cited as the Providing Opportunities for Wider Economic Revitalization Act or the POWER Act . 2. Transfer of building located at 4170 Allium Court, Springfield, Ohio (a) In general The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce. (b) Fee simple interest The fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3265is/xml/BILLS-117s3265is.xml |
117-s-3266 | II 117th CONGRESS 1st Session S. 3266 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Manchin (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Outdoor Recreation 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—Increasing recreation opportunities Sec. 101. Permit relief. Sec. 102. Planning and managing for recreation. Sec. 103. Forest Service climbing guidance. Sec. 104. Target shooting ranges. TITLE II—Improving recreation opportunities Sec. 201. Broadband internet connectivity at recreation sites. Sec. 202. Federal land and aquatic resource activities assistance. Sec. 203. Improved recreation visitation data. Sec. 204. Travel management. TITLE III—Investing in recreation infrastructure and rural communities Sec. 301. Gateway communities. Sec. 302. Forest Service conservation finance partnerships. Sec. 303. Availability of Federal land infrastructure during shoulder seasons. Sec. 304. Public-private partnerships to modernize campgrounds on Federal land. 2. Definitions In this Act: (1) Federal land The term Federal land means— (A) land under the jurisdiction of the Secretary; and (B) National Forest System land. (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) Secretaries The term Secretaries means each of— (A) the Secretary; and (B) the Secretary of Agriculture. (4) Secretary The term Secretary means the Secretary of the Interior. (5) Secretary concerned The term Secretary concerned means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to National Forest System land. I Increasing recreation opportunities 101. Permit relief (a) Definition of youth group In this section, the term youth group means any of the following that serves individuals not older than 25 years of age: (1) A nonprofit organization. (2) A youth service organization. (3) An educational institution. (4) A faith-based organization. (b) Removal of permit requirements for certain areas If the Secretary concerned does not require the public to obtain a permit or reservation to access an existing picnic area, the Secretary concerned may not require an outfitter or guide serving fewer than 40 clients to obtain a permit to access that site. (c) Study on access for youth groups to federal land and permits (1) In general Not later than 4 years after the date of enactment of this Act, the Secretaries shall— (A) conduct a study on impediments relating to permitting that are hindering the ability of youth groups to access and recreate on Federal land; and (B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the findings of the study under subparagraph (A). (2) Temporary permits and de minimis use permits For purposes of the study conducted under paragraph (1)(A), for the 4-year period beginning on the date that is 1 year before the date of enactment of this Act, the Secretaries shall— (A) assess the frequency and appropriateness of the issuance of temporary permits or other special recreation permits for youth groups on Federal land; (B) assess the quantity of requests made by youth groups to access a publicly accessible site on a unit of the National Forest System, Federal land administered by the Bureau of Reclamation, or Federal land administered by the Bureau of Land Management; (C) provide any recommendations to facilitate and streamline access and recreation by youth groups; and (D) consider any implications regarding the health and safety of participants and liability exposure of the Secretaries and the youth groups. (d) Voluntary return of surplus service days (1) In general The Secretary concerned shall establish a program to allow a permittee issued a special recreation permit for a public land unit to voluntarily and temporarily return to the Secretary concerned 1 or more service days, to be made available to any other existing or potential permittee. (2) Effect The return of surplus service days shall not affect future-year special recreation permits or the number of service days available to the permittee in future years. 102. Planning and managing for recreation (a) Policy (1) In general It is the policy of the Federal Government to foster and encourage recreation on Federal land, consistent with— (A) the multiple-use mission of the applicable Federal land management agency; and (B) the laws applicable to specific areas of Federal land. (2) Administration The Secretary concerned shall carry out the policy described in paragraph (1) in administering programs and activities authorized by law. (b) Definition of land management plan In this section, the term land management plan means— (1) a land use plan prepared by the Secretary pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); and (2) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (c) Inventory and assessment (1) In general In developing or revising a land management plan, the Secretary concerned shall conduct, using public outreach, an inventory and assessment of recreation resources for the Federal land subject to the land management plan. (2) Unique recreation values An inventory and assessment conducted under paragraph (1) shall recognize— (A) any unique recreation values and uses of each landscape that make a landscape, or a portion of a landscape, desirable for a particular type of recreation opportunity; and (B) points of concentrated use by recreationists. (3) Inventory The inventory under paragraph (1) shall identify and list recreation resources by— (A) type of recreation and type of natural or manmade recreation infrastructure; (B) to the extent available, the level and demographics of use of the recreation resource as of the date of the inventory; and (C) any trend relating to recreation opportunities or use. (4) Assessment For any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the level of demand for the recreation resource; (B) the maintenance needs of, and expenses necessary to administer, the recreation resource; (C) the benefits of current and projected future recreation use, including to the local economy; (D) the impacts of current and projected future recreation use on— (i) natural, cultural, and other resources; and (ii) other authorized uses and activities on the Federal land subject to the land management plan; and (E) the suitability for developing, expanding, or enhancing the recreation resource. (d) Future recreation needs and management (1) Future needs Based on the inventory and assessment under subsection (c)(1), the Secretary concerned shall— (A) consider future recreation needs; (B) identify underutilized locations that are suitable for developing, expanding, or enhancing recreation use; and (C) select additional high-value recreation resources at which to encourage recreation use. (2) Savings clause The Secretary concerned shall manage any high-value recreation resource identified under paragraph (1)(C) in a manner that— (A) is consistent with applicable law; (B) recognizes other uses and activities in the area of the high-value recreation resource; (C) seeks input from the public, including adjacent landowners and individuals or entities with existing permits and leases; and (D) protects and enhances the recreation values of the high-value recreation resource. (3) Forecasts In developing or revising a land management plan, the Secretary concerned shall predict the manner in which the following would change under the desired future conditions identified in the applicable land management plan: (A) The number of visitors to the respective unit of Federal land. (B) The maintenance needs of, and the expenses necessary to administer, the recreation resources on the respective unit of Federal land. (C) The benefits of recreation use, including to the local economy. (D) The impacts of recreation use on— (i) natural, cultural, or other resources; and (ii) other authorized uses and activities on the Federal land subject to the land management plan. 103. Forest Service climbing guidance (a) Findings Congress finds that— (1) recreational climbing in wilderness areas on National Forest System land is being managed inconsistently; and (2) recreational climbing is a legitimate and appropriate use of wilderness areas on National Forest System land if the recreational climbing is conducted and managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (B) other applicable laws (including regulations); and (C) any reasonable terms and conditions that are determined to be necessary by the Secretary of Agriculture. (b) Climbing guidance in wilderness Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance on climbing management for National Forest System land, including the placement, maintenance, or removal of fixed anchors and the appropriate use of other equipment in designated wilderness areas on National Forest System land under the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (c) Public notice and comment Prior to taking any significant management action affecting recreational climbing on National Forest System land, the Secretary of Agriculture shall provide the public with notice and an opportunity to comment on the proposed action. 104. Target shooting ranges (a) Definition of designated shooting range In this section, the term designated shooting range means a developed and managed area on Federal land that is designed and operated specifically for the purposeful discharge of legal firearms, firearms training, archery, or other associated activities. (b) Identification of designated shooting range (1) In general The Secretaries shall identify a suitable location for, and construct, designated shooting ranges on National Forest System land and public land administered by the Bureau of Land Management for the public to use for recreational target shooting. (2) Minimum number of ranges To the maximum extent practicable— (A) the Secretary of Agriculture shall ensure that each National Forest has not fewer than 1 designated shooting range; and (B) the Secretary shall ensure each Bureau of Land Management district has not fewer than 1 designated shooting range. (3) Requirements A designated shooting range under paragraph (1)— (A) (i) shall be able to accommodate rifles, pistols, and shotguns; and (ii) may accommodate archery; (B) shall include— (i) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; (ii) a designated firing line; and (iii) benches; and (C) may include— (i) shade structures; (ii) trash containers; (iii) restrooms; and (iv) any other features that the Secretary concerned determines to be necessary. (c) Requirements (1) Existing use The Secretaries, in cooperation with the entities described in subsection (d), shall— (A) consider the proximity of areas frequently used by recreational shooters when identifying a suitable location for a designated shooting range; and (B) ensure a designated shooting range would not impact a non-Federal target shooting range, including a target shooting range located on private land. (2) Closures Except in emergency situations, the Secretary concerned shall seek to ensure that a designated shooting range, or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal land to recreational shooting. (d) Cooperation In carrying out this section, the Secretaries shall cooperate, as applicable, with— (1) local and Tribal governments; (2) nonprofit organizations; (3) State fish and wildlife agencies; (4) shooting clubs; (5) Federal advisory councils relating to hunting and shooting sports; (6) nongovernmental organizations that, as of the date of enactment of this Act, are signatories to the memorandum of understanding entitled Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding and signed by the Forest Service and the Bureau of Land Management on August 17, 2006; (7) individuals or entities with authorized leases or permits in an area under consideration for a designated shooting range; and (8) the public. (e) Restrictions (1) In general The management of a designated shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of— (A) the designated shooting range; and (B) the adjacent resources. (2) Fees The Secretary concerned may not require a user to pay a fee to use a designated shooting range established under this section. (f) Annual reports Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section. II Improving recreation opportunities 201. Broadband internet connectivity at recreation sites (a) In general The Secretary and the Chief of the Forest Service shall enter into an agreement with the Administrator of the Rural Utilities Service to install or construct broadband internet infrastructure at recreation sites on Federal land to establish broadband internet connectivity— (1) subject to the availability of appropriations; and (2) consistent with applicable law. (b) Identification Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary and the Chief of the Forest Service, in coordination with States, shall make publically available— (1) a list of the highest priority recreation sites on Federal land that lack broadband internet; and (2) an estimate of the cost to equip each of those sites with broadband internet infrastructure. (c) Priorities In selecting recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to recreation sites— (1) at which broadband internet infrastructure has not been constructed by traditional utilities due to— (A) geographic challenges; or (B) the location having an insufficient number of permanent residents, despite high seasonal or daily visitation levels; or (2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county. 202. Federal land and aquatic resource activities assistance (a) Definitions In this section: (1) Aquatic Nuisance Species Task Force The term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ). (2) Federal land and water The term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management or the National Park Service, as applicable. (3) Inspection The term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem. (4) Partner The term partner means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; or (D) a unit of local government in a Reclamation State. (5) Reclamation State (A) In general The term Reclamation State means any State in which a Bureau of Reclamation reservoir is located. (B) Inclusions The term Reclamation State includes any of the States of— (i) Alaska; (ii) Arizona; (iii) California; (iv) Colorado; (v) Idaho; (vi) Kansas; (vii) Montana; (viii) Nebraska; (ix) Nevada; (x) New Mexico; (xi) North Dakota; (xii) Oklahoma; (xiii) Oregon; (xiv) South Dakota; (xv) Texas; (xvi) Utah; (xvii) Washington; and (xviii) Wyoming. (b) Authority of Bureau of Land Management and National Park Service with respect to certain aquatic resource activities on Federal land and water (1) In general The Secretary may inspect and decontaminate watercraft entering and leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project. (2) Requirements The Secretary, acting through the Director of the Bureau of Land Management and the Director of the National Park Service, shall— (A) in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements in the detection and management of invasive species on Federal land and water; and (C) to the maximum extent practicable, inspect watercraft in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated watercraft. (3) Partnerships The Secretary, acting through the Director of the Bureau of Land Management and the Director of the National Park Service, may enter into a partnership to provide technical assistance to a partner— (A) to carry out an inspection or decontamination of watercraft; or (B) to establish an inspection and decontamination station for watercraft. (c) Grant program for reclamation states for watercraft inspection and decontamination stations (1) Watercraft inspection in Reclamation States Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of watercraft in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a watercraft inspection and decontamination station. (2) Cost share The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination In carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force. 203. Improved recreation visitation data (a) In general The Secretaries shall establish a single visitation data management and modeling system for public recreation to provide accurate, real-time visitation data, at a site-specific level and in a consistent manner, with respect to Federal land managed by each of— (1) the Chief of the Forest Service; (2) the Director of the Bureau of Land Management; (3) the Director of the Bureau of Indian Affairs, in coordination with Indian Tribes; (4) the Director of the National Park Service; (5) the Director of the United States Fish and Wildlife Service; and (6) the Commissioner of Reclamation. (b) Third-Party providers and partners For purposes of carrying out this section, the Secretary concerned shall coordinate or contract with private sector partners, including— (1) technology companies; (2) mapping companies; (3) experts in data science, analytics, and operations research; or (4) data companies. (c) Interface The Secretaries shall coordinate with trade associations, State outdoor recreation offices, offices of tourism, and local outdoor recreation marketing organizations to design and deploy, for purposes of making data available under subsection (a), the optimum user interface that balances ease of use by the public with the available resources of the Secretaries. (d) Smart phone technology The Secretaries and any partner described in subsection (b) may make use of smart phone technology for purposes of making data available under subsection (a). (e) Privacy clause Nothing in this section provides authority to the Secretaries— (1) to monitor or record the movements of a visitor to Federal land; (2) to restrict, interfere with, or monitor a private communication of a visitor to Federal land; (3) to take possession of any documents, data, or other personal effects of a visitor to Federal land; or (4) to collect— (A) information from owners of land adjacent to Federal land; or (B) information on non-Federal land. (f) Categories of use To the maximum extent practicable, the Secretaries shall categorize the data collected under subsection (a) by recreational activity. (g) Limitation Information or data collected under this section shall be limited only to actual recreation visitation information for recreation sites managed by the Secretary concerned. (h) Report Not later than January 1, 2024, and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal land, including, to the maximum extent practicable, visitation categorized by recreational activity. 204. Travel management (a) In general The Secretaries shall— (1) prioritize finalizing travel management planning activities of the Bureau of Land Management and the Forest Service, as applicable, including evaluating and designating as open, limited, or closed applicable Federal land areas or routes, roads, trails, or staging areas on applicable Federal land for nonmotorized or motorized use, including for over-snow vehicles; and (2) not later than 5 years after the date of enactment of this Act, develop a ground transportation linear feature or motor vehicle use map and over-snow vehicle use map for each district administered by the Bureau of Land Management and each unit of the National Forest System, in a printed and publically available format that is compliant with the format for geographic information systems. (b) Procedures For purposes of meeting the requirements of subsection (a), the Secretary concerned— (1) may use an existing evaluation or designation; (2) may evaluate and alter an existing designation for applicable Federal land areas or routes, roads, trails, or staging areas on applicable Federal land in accordance with applicable laws (including regulations); (3) shall consider— (A) the protection of the resources of the Federal land; (B) the promotion of the safety of the users of the Federal land; (C) the minimization of conflicts among various uses of the Federal land; and (D) other designation criteria or route options developed by the Secretaries at the local level, such as seasonal restrictions, temporary or seasonal access, minimization of impacts to wildlife, and other appropriate criteria or options; (4) shall increase— (A) multiple-use recreation opportunities; and (B) opportunities for nonmotorized and motorized access and experiences on Federal land; (5) shall coordinate with States, local governments, Indian Tribes, other stakeholders, adjoining landowners, businesses that use the features on Federal land, and the public; and (6) shall update any travel management plan that was finalized before the date that is 15 years before the date of enactment of this Act. (c) Rulemaking The Secretaries may revise existing regulations to implement this section. (d) Effect Nothing in this section limits or restricts— (1) emergency access use or the administrative use of the Federal land by the Secretary concerned by motorized or nonmotorized means, including any use or activity necessary to carry out terms and conditions associated with an authorized permit, lease, or contract with respect to the Federal land; or (2) any other motorized or nonmotorized use or activity on the Federal land that is authorized on the applicable Federal land, as determined by the Secretary concerned. (e) Report Not later than 3 years after the date of enactment of this Act, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the progress of the Secretaries in carrying out this section. III Investing in recreation infrastructure and rural communities 301. Gateway communities (a) In general The Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service), in coordination with the Secretary and the Secretary of Commerce, shall provide to businesses in rural communities that are adjacent to recreation destinations (including recreation destinations on Federal land) the assistance described in subsection (b) to establish, operate, or expand infrastructure to accommodate and manage sustainable visitation, including hotels, campgrounds, and restaurants. (b) Assistance The Secretary of Agriculture may provide assistance under subsection (a) through the use of existing, or the establishment of new, entrepreneur and vocational training programs, technical assistance programs, low-interest business loan programs, and loan guarantee programs. 302. Forest Service conservation finance partnerships (a) Findings Congress finds that— (1) innovative funding models are an appropriate way to develop and maintain recreation infrastructure on Federal land; and (2) in carrying out this section, the Secretary of Agriculture should build on the successes of the Baileys Mountain Bike Trail System project on the Wayne National Forest, which was designed specifically to make Athens County, Ohio, a more popular recreation destination. (b) Definitions In this section: (1) Conservation partner The term conservation partner means— (A) a private nonprofit, for-profit, or charitable entity or other person; or (B) a unit of State, local, or Tribal government. (2) Independent evaluator The term independent evaluator means an individual or entity, including an institution of higher education, that is selected by the Secretary of Agriculture, in consultation with a conservation partner, to make the determinations and prepare the reports required under subsection (f). (3) Project The term project means 1 or more activities conducted on National Forest System land, or on other land if the activities would benefit National Forest System land, to enhance a recreational opportunity for which the Secretary of Agriculture has approved a record of decision, decision notice, or decision memo. (4) Project agreement The term project agreement means a cooperative agreement, a mutual benefit agreement, or a contract, as appropriate, executed by the Secretary of Agriculture and a project broker or a conservation partner in accordance with applicable law. (5) Project broker The term project broker means a nonprofit or for-profit intermediary that assists in establishing or implementing a project agreement. (c) Establishment of pilot program The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more projects that are financed by conservation partners. (d) Project agreements (1) In general Notwithstanding the Act of June 30, 1914 (commonly known as the Cooperative Funds Act ) ( 16 U.S.C. 498 ), or subtitle C of title XX of the Social Security Act ( 42 U.S.C. 1397n et seq. ), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a project agreement with a conservation partner or a project broker under which the conservation partner or project broker agrees to pay for all or part of a project. (2) Term The term of a project agreement shall be not longer than 20 years. (3) Size limitation The Secretary of Agriculture may not enter into a project agreement under the pilot program under this section for a project valued at more than $10,000,000. (4) Structure of agreements Notwithstanding any other provision of law, funds may be exchanged between non-Federal parties under a project agreement, if— (A) the project agreement uses an innovative funding model, such as pay-for-performance, or pay-for-success, under which payments are paid when specified recreation-related outcomes are met; and (B) an independent evaluator determines pursuant to subsection (f) that the outcome specified in the project agreement has been met. (5) Maintenance and decommissioning A project agreement shall— (A) include a plan for maintaining any capital improvement made as part of a project after the date on which the project is completed; and (B) specify the party that will be responsible for decommissioning the improvements associated with the project— (i) at the end of the useful life of the improvements; or (ii) if the project fails. (6) Eligible payments Under a project agreement, a conservation partner, a project broker, or the Secretary of Agriculture shall agree to pay to the other party to the project agreement any of the following: (A) A percentage of the estimated value of the outcomes achieved by the applicable project. (B) A percentage of the estimated cost savings to the conservation partner or the Secretary of Agriculture as a result of the project. (C) A percentage of the enhanced revenue to the conservation partner or the Secretary of Agriculture as a result of the project. (D) The cost of the project. (7) Cost-share Subject to the availability of appropriations, the Secretary of Agriculture may only contribute funding for a project if— (A) the Secretary of Agriculture demonstrates the project will provide a cost savings to the United States; and (B) the contribution of the Secretary of Agriculture is in an amount equal to less than 50 percent of the total cost of the project. (8) Consultants Subject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— (A) to conduct a feasibility analysis of a proposed project; or (B) to assist in the formation or evaluation of a proposed project. (e) Projects (1) In general All or any portion of a project may be implemented by— (A) the Secretary of Agriculture; or (B) a conservation partner or third party, subject to the conditions that— (i) the Secretary of Agriculture shall approve the implementation by the conservation partner or third party; and (ii) the implementation shall be in accordance with applicable law. (2) Relation to land and resource management plans A project carried out under this section shall be consistent with any applicable land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (3) Ownership (A) In general Each project shall be vested to the United States. (B) Treatment The carrying out of any action for a project does not provide any right to any party to a project agreement. (4) Potential conflicts Before approving a project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with an existing authorization. (f) Independent evaluations (1) Progress reports An independent evaluator shall submit to the Secretary of Agriculture and each party to the relevant project agreement a written report— (A) by not later than 2 years after the date on which a project agreement is executed, and not less frequently than once every 2 years thereafter, summarizing the progress that has been made in achieving each outcome specified in the project agreement; and (B) before the first scheduled outcome payment date, and each subsequent payment date, summarizing the results of the evaluation conducted to determine whether an outcome payment should be made, together with information relating to the factors contributing to the conservation partner achieving, or failing to achieve, an outcome. (2) Final report Not later than 180 days after the date on which a project is completed, the applicable independent evaluator shall submit to the Secretary of Agriculture and each party to the relevant project agreement a written report that includes— (A) an evaluation of the effects of the project with respect to each outcome specified in the project agreement; and (B) a determination of whether the conservation partner has met each outcome specified in the project agreement. (g) Termination of project agreements The Secretary of Agriculture may unilaterally terminate a project agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the project agreement a notice of the termination. (h) Duration of pilot program (1) Sunset The authority to enter into project agreements under this section terminates on September 30, 2032. (2) Savings clause Nothing in paragraph (1) affects any project agreement entered into by the Secretary of Agriculture pursuant to this section before the date described in that paragraph. 303. Availability of Federal land infrastructure during shoulder seasons (a) Coordination The Secretaries shall consult and coordinate with outdoor recreation-related businesses operating on or adjacent to Federal land, State offices of outdoor recreation, local destination marketing organizations, Indian Tribes, local governments, and institutions of higher education— (1) to better understand trends with respect to visitors to the Federal land; (2) to coordinate with outdoor recreation marketing campaigns; and (3) to better understand— (A) the effect of seasonal closures of areas of, or infrastructure on, Federal land on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and (B) opportunities to extend the period of time during which areas of, or infrastructure on, Federal land are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments. (b) Availability of infrastructure The Secretaries shall make efforts to make infrastructure available to accommodate increased visitation to the Federal land during shoulder seasons— (1) to extend the outdoor recreation season and the duration of income to gateway communities; and (2) to provide more opportunities to visit resources on Federal land to reduce crowding during peak seasons. (c) Agreements (1) In general The Secretaries may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, Federal land is made open to the public. (2) In-kind contributions The Secretaries may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1). 304. Public-private partnerships to modernize campgrounds on Federal land (a) In general The Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with a private entity providing for capital improvements (including the construction of structures and improvements), management, and maintenance by the private entity of a campground, in existence on the date of enactment of this Act, on Federal land, subject to the requirements of this section. (b) Minimum number of agreements Not later than 3 years after the date of enactment of this Act, the Secretary concerned shall enter into at least 1 agreement under subsection (a) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal land administered by the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal land. (c) Requirements (1) Plans Before entering into an agreement under subsection (a), the private entity shall submit to the Secretary concerned a development plan that— (A) describes investments in the campground to be made by the private entity during the first 3 years of the agreement; (B) describes annual maintenance spending for each year of the agreement; and (C) includes any other terms and conditions determined to be necessary by the Secretary concerned. (2) Agreements An agreement entered into under subsection (a) shall— (A) be for a term of not more than 30 years; (B) require that, not later than 3 years after the date on which the Secretary concerned enters into an agreement the private entity expend, or place in an escrow account for expenditure, for the construction or improvement of structures and infrastructure relating to the operation of, or access to, the applicable campground, not less than $2,000,000, or a specified percentage, as determined by the Secretary concerned, of the anticipated receipts for the period of the agreement; (C) require the private entity to maintain the campground facility and any associated infrastructure designated by the Secretary concerned in a manner acceptable to the Secretary concerned and the private entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a recreational special use permit issued under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ), including the payment described in subparagraph (E); (E) provide for payment to the Federal Government of a fee consistent with a special use permit under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ), including a fee offset agreement for work to be performed that is separate from maintaining the campground facility and any associated infrastructure designated by the Secretary concerned, if determined to be appropriate by the Secretary concerned, on consideration of the probable value to the private entity of the rights provided by the agreement, taking into account the capital invested by, and obligations of, the private entity under the agreement; (F) include provisions that state— (i) the private entity shall obtain no property interest pursuant to the expenditures of the private entity, as required by the agreement; and (ii) all structures and improvements constructed by the private entity under the agreement shall be the property of the United States; and (G) be subject to any other terms and conditions determined to be necessary by the Secretary concerned. (d) Fee retention A fee or revenue shared with the Secretary concerned under an agreement authorized by this section shall be available for expenditure by the Secretary concerned for recreation-related purposes on the unit of Federal land at which the fee or revenue is collected, without further appropriation. | https://www.govinfo.gov/content/pkg/BILLS-117s3266is/xml/BILLS-117s3266is.xml |
117-s-3267 | II 117th CONGRESS 1st Session S. 3267 IN THE SENATE OF THE UNITED STATES November 18, 2021 Ms. Klobuchar (for herself, Mr. Blumenthal , Ms. Hirono , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform the antitrust laws to better protect competition in the American economy, to amend the Clayton Act to modify the standard for an unlawful acquisition.
1. Short title This Act may be cited as the Consolidation Prevention and Competition Promotion Act of 2021 . 2. Findings and purposes (a) Findings Congress finds that— (1) competitive markets, in which multiple firms compete to buy and sell products and services, are critical to ensuring economic opportunity for all people in the United States and providing resilience to the economy during unpredictable times; (2) when companies compete, businesses offer the highest quality and choice of goods and services for the lowest possible prices to consumers and other businesses; (3) competition fosters small business growth, reduces economic inequality, and spurs innovation and job creation; (4) in the United States economy today, the presence and exercise of market power is substantial and growing; (5) the presence and exercise of market power makes it more difficult for people in the United States to start their own businesses, depresses wages, and increases economic inequality, with particularly damaging effects on historically disadvantaged communities; (6) market power and undue market concentration contribute to the consolidation of political power, undermining the health of democracy in the United States; (7) the anticompetitive effects of monopoly power or buyer market power include higher prices, lower quality, lessened choice, reduced innovation, foreclosure of competitors, and increased entry barriers; (8) monopsony power or seller market power allows a firm to force suppliers of goods or services to accept below market prices or to force workers to accept below market wages, resulting in lower quality products and services, reduced opportunities for suppliers and workers, reduced availability of products and services for consumers, reduced innovation, foreclosure of competitors, and increased entry barriers; (9) horizontal consolidation, vertical consolidation, and conglomerate mergers all have potential to increase market power and cause anticompetitive harm; (10) extensive consolidation is reducing competition and threatens to place the American dream further out of reach for many consumers in the United States; (11) since 2008, firms in the United States have engaged in over $10,000,000,000,000 in mergers and acquisitions; (12) the acquisition of nascent or potential rivals by dominant firms can present significant long-term threats to competition and innovation; (13) the acquisition, by one of its competitors, of a maverick firm that plays a disruptive role in the market—by using an innovative business model or technology, offering lower prices or new, different products or services products, or by other means that benefit consumers—can present a threat to competition; (14) section 7 of the Clayton Act ( 15 U.S.C. 18 ), is the primary line of defense against anticompetitive mergers; and (15) in recent years, some court decisions and enforcement policies have limited the vitality of the Clayton Act to prevent harmful consolidation by— (A) discounting previously accepted presumptions that certain acquisitions are anticompetitive; (B) focusing inordinately on the effect of an acquisition on price in the short term, to the exclusion of other potential anticompetitive effects; (C) underestimating the dangers that horizontal, vertical, and conglomerate mergers will lower quality, reduce choice, impede innovation, exclude competitors, increase entry barriers, or create buyer power, including monopsony power; and (D) requiring the government to prove harmful effects of a proposed merger to a near certainty. (b) Purposes The purposes of this Act are to— (1) enhance competition throughout the American economy by strengthening antitrust enforcement by the Department of Justice, the Federal Trade Commission, the State enforcement agencies, and private parties; (2) revise the legal standard under section 7 of the Clayton Act to better enable enforcers to arrest the likely anticompetitive effects of harmful mergers in their incipiency, as Congress intended, by clarifying that the potential effects that may justify prohibiting a merger under the Clayton Act include lower quality, reduced choice, reduced innovation, the exclusion of competitors, or increased entry barriers, in addition to increased price to buyers or reduced price to sellers; (3) amend the Clayton Act to clarify that an acquisition that tends to create a monopsony violates the Clayton Act; and (4) establish simple, cost-effective decision rules that require the parties to certain acquisitions that either significantly increase concentration or are extremely large bear the burden of establishing that the acquisition will not materially harm competition. 3. Definition In this Act the term antitrust laws — (1) has the meaning given the term in the first section of the Clayton Act ( 15 U.S.C. 12 ); and (2) includes— (A) section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that such section applies to unfair methods of competition; and (B) this Act and the amendments made by this Act. 4. Unlawful acquisitions (a) Market power Section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) ) is amended by adding at the end the following: the term market power in this Act means the ability of a person, or a group of persons acting in concert, to profitably impose terms or conditions on counterparties, including terms regarding price, quantity, product or service quality, or other terms affecting the value of consideration exchanged in the transaction, that are more favorable to the person or group of persons imposing them than what the person or group of persons could obtain in a competitive market. . (b) Unlawful acquisitions Section 7 of the Clayton Act ( 15 U.S.C. 18 ) is amended— (1) in the first and second undesignated paragraphs, by striking substantially to lessen each place that term appears and inserting to create an appreciable risk of materially lessening ; (2) by inserting or a monopsony after monopoly each place that term appears; and (3) by adding at the end the following: In a case brought by the United States, the Federal Trade Commission, or a State attorney general, a court shall determine that the effect of an acquisition described in this section may be to create an appreciable risk of materially lessening competition or to tend to create a monopoly or a monopsony, in or affecting commerce, if— (1) the acquisition would lead to a significant increase in market concentration in any relevant market; (2) (A) the acquiring person has a market share of greater than 50 percent or otherwise has significant market power, as a seller or a buyer, in any relevant market, and as a result of the acquisition, the acquiring person would obtain control over entities or assets that compete or have a reasonable probability of competing with the acquiring person in the same relevant market; or (B) as a result of the acquisition, the acquiring person would obtain control over entities or assets that have a market share of greater than 50 percent or otherwise have significant market power, as a seller or a buyer, in any relevant market, and the acquiring person competes or has a reasonable probability of competing with the entities or assets over which it would obtain control, as result of the acquisition, in the same relevant market; (3) the acquisition would lead to the combination of entities or assets that compete or have a reasonable probability of competing in a relevant market, and either the acquiring person or the entities or assets over which it would obtain control prevents, limits, or disrupts coordinated interaction among competitors in a relevant market or has a reasonable probability of doing so; (4) the acquisition— (A) would likely enable the acquiring person to unilaterally and profitably exercise market power or materially increase its ability to do so; or (B) would materially increase the probability of coordinated interaction among competitors in any relevant market; or (5) (A) the acquisition is not a transaction that is described in section 7A(c); and (B) (i) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person in excess of $5,000,000,000 (as adjusted and published for each fiscal year beginning after September 30, 2022, in the same manner as provided in section 8(a)(5) to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending September 30, 2021); or (ii) (I) the person acquiring or the person being acquired has assets, net annual sales, or a market capitalization greater than $100,000,000,000 (as so adjusted and published); and (II) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person in excess of $50,000,000 (as so adjusted and published), unless the acquiring or acquired person establish, by a preponderance of the evidence, that the effect of the acquisition will not be to create an appreciable risk of materially lessening competition or tend to create a monopoly or a monopsony. In this paragraph, the term materially means more than a de minimis amount. . 5. Post-settlement data Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended by adding at the end the following: (l) (1) Each person who enters into an agreement with the Federal Trade Commission or the United States to resolve a proceeding brought under the antitrust laws or under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) regarding an acquisition with respect to which notification is required under this section shall, on an annual basis during the 5-year period beginning on the date on which the agreement is entered into, submit to the Federal Trade Commission or the Assistant Attorney General, as applicable, information sufficient for the Federal Trade Commission or the United States, as applicable, to assess the competitive impact of the acquisition, including— (A) the pricing, availability, and quality of any product or service, or inputs thereto, in any market, that was covered by the agreement; (B) the source, and the resulting magnitude and extent, of any cost-saving efficiencies or any benefits to consumers or trading partners that were claimed as a benefit of the acquisition and the extent to which any cost savings were passed on to consumers or trading partners; and (C) the effectiveness of any divestitures or any conditions placed on the acquisition in fully restoring competition. (2) The requirement to provide the information described in paragraph (1) shall be included in an agreement described in that paragraph. (3) The Federal Trade Commission, with the concurrence of the Assistant Attorney General, by rule in accordance with section 553 of title 5, United States Code, and consistent with the purposes of this section— (A) shall require that the information described in paragraph (1) be in such form and contain such documentary material and information relevant to an acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General to assess the competitive impact of the acquisition under paragraph (1); and (B) may— (i) define the terms used in this subsection; (ii) exempt, from the requirements of this section, information not relevant in assessing the competitive impact of the acquisition under paragraph (1); and (iii) prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section. . 6. Federal Trade Commission study Not later than 2 years after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Securities and Exchange Commission, shall conduct and publish a study, using any compulsory process necessary, relying on public data and information if available and sufficient, and incorporating public comment on— (1) the extent to which an institutional investor or related institutional investors have ownership or control interests in competitors in moderately concentrated or concentrated markets; (2) the economic impacts of such overlapping ownership or control; and (3) the mechanisms by which an institutional investor could affect competition among the companies in which it invests and whether such mechanisms are prevalent. 7. GAO studies (a) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study to assess the success of merger remedies required by the Department of Justice or the Federal Trade Commission in consent decrees entered into since 6 years prior to the date of enactment of this Act, including the impact on maintaining competition, a comparison of structural and conduct remedies, and the viability of divested assets; and (2) conduct a study on the impact of mergers and acquisitions on wages, employment, innovation, and new business formation. (b) Update The Comptroller General of the United States shall— (1) update the study under paragraph (1) 3 years and 6 years after the date of enactment of this Act based on the information provided under section 7A(l) of the Clayton Act, as added by section 5 of this Act; and (2) identify specific remedies or alleged merger benefits that require additional information or research. 8. Office of Competition Advocate (a) Definitions In this section— (1) the term agency has the meaning given the term in section 551 of title 5, United States Code; (2) the term covered company means any company that has, at any time, been required to make a filing under section 7A of the Clayton Act ( 15 U.S.C. 18a ); (3) the term Office means the Office of the Competition Advocate established under subsection (b); (4) the term Chairman means the Chairman of the Commission; and (5) the term Commission means the Federal Trade Commission. (b) Establishment There is established within the Federal Trade Commission the Office of the Competition Advocate. (c) Competition advocate (1) In general The head of the Office shall be the Competition Advocate, who shall— (A) report directly to the Chairman; and (B) be appointed by the Chairman, with the concurrence of a majority of the Commission, including at least 1 Commissioner who is not a member of the same political party of the majority members of the Commission, from among individuals having experience in advocating for the promotion of competition. (2) Compensation The annual rate of pay for the Competition Advocate shall be equal to the highest rate of annual pay for other senior executives who report to the Chairman of the Commission. (3) Limitation on service An individual who serves as the Competition Advocate may not be employed by the Commission— (A) during the 2-year period ending on the date of appointment as Competition Advocate; or (B) during the 5-year period beginning on the date on which the person ceases to serve as the Competition Advocate. (d) Staff of office The Competition Advocate, after consultation with the Chairman of the Commission, shall retain or employ independent counsel, research staff, and service staff, as the Competition Advocate determines is necessary to carry out the functions, powers, and duties of the Office. (e) Duties and powers The Competition Advocate shall— (1) recommend processes or procedures that will allow the Federal Trade Commission and the Antitrust Division of the Department of Justice to improve the ability of each agency to solicit reports from consumers, small businesses, and employees about possible anticompetitive practices or adverse effects of concentration; (2) publicly provide recommendations to other Federal agencies about administrative actions that may have anticompetitive effects and the potential harm to competition if those actions are carried out; (3) provide recommendations to other Federal agencies about administrative actions that may have procompetitive effects and the potential benefit to competition if those actions are carried out; (4) publish periodic reports on— (A) market competition and its impact on the United States, local geographic areas, and different demographic and socioeconomic groups; and (B) the success of remedies required by the Department of Justice or the Federal Trade Commission in consent decrees; (5) collect data regarding concentration levels across industries and the impact and degree of antitrust enforcement; and (6) standardize the types and formats of data reported and collected. (f) Subpoena authority (1) In general The Competition Advocate may either require the submission of or accept voluntary submissions of periodic and other reports from any covered company for the purpose of assessing competition and its impact on the United States, local geographic areas, and different demographic and socioeconomic groups. (2) Written finding Before issuing a subpoena to collect the information described in paragraph (1), the Competition Advocate shall make a written finding that— (A) the data is required to carry out the functions of the Competition Advocate; and (B) the information is not available from a public source or another agency. (3) Mitigation of report burden Before requiring the submission of a report from any company required to make a filing under section 7A of the Clayton Act ( 15 U.S.C. 18a ), the Competition Advocate shall— (A) coordinate with other agencies or authority; and (B) whenever possible, rely on information available from such agencies or authority. (g) Data center (1) Establishment There is established within the Office the Data Center. (2) Duties The Data Center shall— (A) collect, validate, and maintain data obtained from agencies, as defined in section 551 of title 5, United States Code, commercial data providers, publicly available data sources, and any covered company; and (B) prepare and publish, in a manner that is easily accessible to the public— (i) a concentration database; (ii) a merger enforcement database; (iii) any other database that the Competition Advocate determines is necessary to carry out the duties of the Office; and (iv) the format and standards for Office data, including standards for reporting financial transaction and position data to the Office. (3) Regulations The Competition Advocate shall promulgate regulations relating to the collection and standardizing of data under paragraph (2). (4) Confidentiality (A) In general The Data Center may not disclose any confidential data collected under paragraph (2). (B) Requirements Data obtained from an agency shall be subject to the same confidentiality requirements and protection as the agency providing the data. (C) Information security The Competition Advocate shall ensure that data collected and maintained by the Data Center are kept secure and protected against unauthorized disclosure. (h) Division of market analysis (1) Establishment There is established within the Office the Division of Market Analysis. (2) Leadership The head of the Division of Market Analysis shall be the Director of Market Analysis, who shall— (A) report directly to the Competition Advocate; and (B) be appointed by the Competition Advocate, with the concurrence of a majority of the Commission, including at least one Commissioner who is not a member of the same political party of the majority members of the Commission. (3) Division staff The Division of Market Analysis shall retain or employ independent legal, economic, research, and service staff sufficient to carry out the functions, powers, and duties of the Division. (4) Duties and powers The Division of Market Analysis— (A) shall, at the direction of the Competition Advocate or the Commission, conduct investigations of markets or industry sectors to analyze the competitive conditions and dynamics affecting such markets or industry sectors, including the effects that market concentration, mergers and acquisitions, certain types of agreements, and other forms of business conduct have on competition, consumers, workers and innovation, and shall publish reports on the results of such investigations; (B) shall, at the direction of the Competition Advocate or the Commission, conduct investigations concerning the competitive effects of acquisitions that have been consummated no less than 2 years prior to the start of the investigation, which shall include recommendations concerning appropriate enforcement action to remedy any anticompetitive effects discovered and may include assessments of— (i) the conditions of the relevant markets affected by the acquisition, over the period since the acquisition was consummated, including, but not limited to, the potential impact that the acquisition has had on— (I) the prices of goods or services, including wages in any affected labor markets; (II) the output and quality of goods and services; (III) the entry or exit of competitors; (IV) innovation; (V) consumer choice and product variety; (VI) the opportunity of suppliers and works to sell their product or services; (VII) coordinated interaction between competitors; and (VIII) subsequent mergers and acquisitions activity; (ii) whether the acquiring person or its successors in interest— (I) complied with all obligations under any agreement with the Federal Trade Commission, the United States, or State law enforcement authorities to resolve a proceeding brought under the antitrust laws; and (II) achieved measurable, transaction-specific efficiencies, which did not arise from anticompetitive reductions of output, as a result of the acquisition; and (iii) whether any agreements with the Federal Trade Commission or the United States to resolve a proceeding brought under the antitrust laws regarding the acquisition was effective in mitigating the anticompetitive effects from the acquisition; (C) shall rely on public data and information, public comment, information from other Federal agencies, information from the Data Center, information obtained pursuant to the Competition Advocate’s subpoena authority under subsection (f) of this section and may use compulsory process under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ) as necessary to carry out the functions set forth in subsections (h)(3)(A) and (h)(3)(B) of this section; and (D) shall report any evidence it obtains that any person, partnership, or corporation has engaged in transactions or conduct that may constitute of a violation of the antitrust law to the Commission, which may institute further investigation, initiate enforcement proceedings, or refer such evidence to the Attorney General. 9. Market definition (a) In general Establishing liability under the antitrust laws does not require the definition of a relevant market, except when the definition of a relevant market is required, to establish a presumption or to resolve a claim, under a statutory provision that explicitly references the terms relevant market , market concentration , or market share . Statutory references to the term line of commerce shall not constitute an exception to the foregoing rule that establishing liability under the antitrust laws does not require the definition of a relevant market. (b) Direct evidence If direct evidence in the record is sufficient to prove actual or likely harm to competition, an appreciable risk to competition sufficient to satisfy the applicable statutory standard, or that the effect of an acquisition subject to section 7 of the Clayton Act ( 15 U.S.C. 18 ) may be to create an appreciable risk of materially lessening competition or to tend to create a monopoly or a monopsony, neither a court nor the Federal Trade Commission shall require definition of a relevant market in order to evaluate the evidence, to find liability, or to find that a claim has been stated under the antitrust laws. (c) Rule of construction Nothing in this section may be construed to prevent a court or the Federal Trade Commission from considering evidence relating to the definition of proposed relevant markets to evaluate the merits of a claim under the antitrust laws. 10. Additional remedies; rules of construction (a) Additional remedies The rights and remedies provided under this Act are in addition to, not in lieu of, any other rights and remedies provided by Federal law, including under section 4, 4A, 15, or 16 of the Clayton Act ( 15 U.S.C. 15 , 15a, 25, 26) or section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ). (b) Rules of construction Nothing in this Act may be construed to— (1) impair or limit the applicability of any of the antitrust laws; and (2) prohibit any other remedy provided by Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s3267is/xml/BILLS-117s3267is.xml |
117-s-3268 | II 117th CONGRESS 1st Session S. 3268 IN THE SENATE OF THE UNITED STATES November 19, 2021 Mrs. Blackburn (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize the Secretary of Transportation to issue a request for proposals for a private-sector entity to develop an operating model for an interoperable gray chassis pool at the rail ramps around Memphis.
1. Short title This Act may be cited as the Improving Memphis' Supply Chain Act . 2. Development of operating model for interoperable gray chassis pool at the rail ramps around memphis (a) Definitions In this section: (1) Commission The term Commission means the Federal Maritime Commission. (2) Interoperable gray chassis pool The term interoperable gray chassis pool means a single enterprise for voluntary chassis provisioning that allows for the use of any container chassis for marine shipping containers not less than 20 feet and not more than 45 feet in length at the rail ramps around Memphis by shippers or motor carriers. (b) Development of plan (1) In general Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Commission, shall develop a plan to issue a request for proposals to develop an operating model for an interoperable gray chassis pool at the rail ramps around Memphis, Tennessee. (2) Plan details In developing the plan under paragraph (1), the Secretary of Transportation, in coordination with the Commission, shall identify a suitable location or locations for the interoperable gray chassis pool and consult with relevant stakeholders, including the International Port of Memphis, ocean carriers, railroad carriers, motor carriers, chassis providers, shippers, and the Surface Transportation Board. (3) Content of plan and availability The plan under paragraph (1) shall— (A) include— (i) objectives and duties of a private-sector contractor to establish the interoperable gray chassis pool; (ii) expectations for voluntary participation based on consultations; and (iii) the appropriate approach for seeking and receiving feedback from Memphis stakeholders regarding the interoperable gray chassis pool; and (B) be publicly available on a website not later than 7 days after the plan is completed. (c) Request for proposals (1) In general Subject to the availability of appropriations, not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Commission, shall issue a request for proposals for a private-sector entity to develop an operating model for an interoperable gray chassis pool consistent with the plan required under subsection (b). (2) Content of proposal A proposal submitted pursuant to a request under paragraph (1) shall include— (A) a fee structure that would sustain the interoperable gray chassis pool without a subsidy; (B) specification of performance goals, including rates of chassis in maintenance and average turn times, and a plan to achieve the performance goals; (C) expectations for communication and coordination among carriers and local businesses, including any facilitation by the private-sector entity; (D) expectations for total chassis involved, whether from voluntary participation of existing providers or addition of chassis by the contractor; (E) identification of real property necessary to implement the interoperable gray chassis pool, whether from voluntary participants or to be acquired; and (F) a commitment from the awardee to implement the interoperable gray chassis pool at the rail ramps around Memphis based on the operating model developed for the proposal within a specified timeframe. (d) Awarding of contract (1) In general Subject to the availability of appropriations, except as provided in paragraph (2), from the proposals submitted under subsection (c), the Secretary of Transportation, with approval from the Commission, shall award a contract to a private-sector entity to develop and implement an operating model for an interoperable gray chassis pool at the rail ramps around Memphis. (2) No satisfactory proposal If no satisfactory proposal is submitted under subsection (c), the Secretary of Transportation, in coordination with the Commission, shall submit, not later than 6 months after the date all proposals are submitted, a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with potential alternative options to improve chassis provisioning and supply chain efficiency at the rail ramps around Memphis. (e) Evaluation The Secretary of Transportation, in coordination with the Commission, shall— (1) evaluate the effectiveness of an interoperable gray chassis pool developed under this section not later than 1 year after implementation; and (2) issue a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the evaluation, including best practices and lessons learned, not later than 2 years after implementation. (f) Limitations (1) Voluntary participation Participation in the interoperable gray chassis pool developed under this section shall be voluntary. (2) Rule of construction Nothing in this section shall be construed to authorize the Department of Transportation or the Commission to purchase or operate tangible property related to the development of the interoperable gray chassis pool under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $500,000. | https://www.govinfo.gov/content/pkg/BILLS-117s3268is/xml/BILLS-117s3268is.xml |
117-s-3269 | II 117th CONGRESS 1st Session S. 3269 IN THE SENATE OF THE UNITED STATES November 19, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
1. Short title This Act may be cited as the Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act . 2. Purpose The purpose of this Act is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) by authorizing the Alaska Natives enrolled in the communities— (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); and (2) to receive certain settlement land pursuant to that Act. 3. Establishment of additional Native Corporations Section 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615 ) is amended by adding at the end the following: (e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska (1) In general The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. (2) Effect on entitlement to land Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law. . 4. Shareholder eligibility Section 8 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1607 ) is amended by adding at the end the following: (d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell (1) In general The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. (2) Number of shares Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. (3) Natives receiving shares through inheritance If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village Corporation or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. (4) Effect on entitlement to land Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8). . 5. Distribution rights Section 7 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606 ) is amended— (1) in subsection (j)— (A) in the third sentence, by striking In the case and inserting the following: (3) Thirteenth regional corporation In the case ; (B) in the second sentence, by striking Not less and inserting the following: (2) Minimum allocation Not less ; (C) by striking (j) During and inserting the following: (j) Distribution of corporate funds and other net income (1) In general During ; and (D) by adding at the end the following: (4) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska. ; and (2) by adding at the end the following: (s) Effect of amendatory Act The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect— (1) the ratio for determination of revenue distribution among Native Corporations under this section; or (2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j). . 6. Compensation The Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 43. Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell (a) Definition of Urban Corporation In this section, the term Urban Corporation means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. (b) Conveyances of land (1) Authorization (A) Conveyances to Urban Corporations Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey— (i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Haines Selections , numbered 1 and 2, and dated November 18, 2021; (ii) to the Urban Corporation for Ketchikan, the surface estate in 8 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Ketchikan Selections , numbered 1 through 4, and dated November 18, 2021; (iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Petersburg Selections , numbered 1 through 3, and dated November 18, 2021; (iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Tenakee Selections , numbered 1 through 3, and dated November 18, 2021; and (v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Wrangell Selections , numbered 1 through 5, and dated November 18, 2021. (B) Conveyances to Regional Corporation for Southeast Alaska Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. (C) Congressional intent It is the intent of Congress that the Secretary convey the surface estates described in subparagraph (A) not later than the date that is 2 years after the applicable date of incorporation under section 16(e)(1) of an Urban Corporation. (2) Withdrawal (A) In general Subject to valid existing rights, the Federal land described in paragraph (1) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials; and (iv) selection under Public Law 85–508 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21). (B) Termination The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). (3) Treatment of land conveyed Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be— (A) considered to be land conveyed by the Secretary under section 14(h)(3); and (B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act ( 43 U.S.C. 1636(d) ). (4) Public easements (A) In general The conveyance and patents for the land under paragraph (1)(A) shall be subject to the reservation of public easements under section 17(b). (B) Termination No public easement reserved on land conveyed under paragraph (1)(A) shall be terminated by the Secretary without publication of notice of the proposed termination in the Federal Register. (C) Reservation of easements In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. (D) State of Alaska easements Nothing in this Act modifies, changes, or terminates the rights-of-way granted to the State under— (i) section 4407 of the SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1777); or (ii) the 2006 memorandum of understanding between the State and the Forest Service to implement that section. (5) Hunting, fishing, recreation, and access (A) In general Any land conveyed under paragraph (1)(A), including access to the land through roadways, trails, and forest roads, shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public under applicable law— (i) without liability on the part of the Urban Corporation, except for willful acts of the Urban Corporation, to any user as a result of the use; and (ii) subject to— (I) any reasonable restrictions that may be imposed by the Urban Corporation on the public use— (aa) to ensure public safety; (bb) to minimize conflicts between recreational and commercial uses; (cc) to protect cultural resources; (dd) to conduct scientific research; or (ee) to provide environmental protection; and (II) the condition that the Urban Corporation post on any applicable property, in accordance with State law, notices of the restrictions on use. (B) Effect Access provided to any individual or entity under subparagraph (A) shall not— (i) create an interest in any third party in the land conveyed under paragraph (1)(A); or (ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A), except as against the Urban Corporation for the management of public access under subparagraph (A). (6) Miscellaneous (A) Special use authorizations (i) In general On the conveyance of land to an Urban Corporation under paragraph (1)(A)— (I) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and (II) as a condition of the conveyance and consistent with section 14(g), the Urban Corporation shall issue the holder of the special use authorization terminated under subclause (I) an authorization to continue the authorized use, subject to the terms and conditions that were in the special use authorization issued by the Forest Service, for— (aa) the remainder of the term of the authorization; and (bb) 1 additional consecutive 10-year renewal period. (ii) Notice of commercial activities The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). (iii) Negotiation of new terms Nothing in this paragraph precludes the Urban Corporation and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. (iv) Liability Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. (B) Roads and facilities (i) In general The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for— (I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and (II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. (ii) Terms and conditions The binding agreement under clause (i)— (I) shall provide that the State (including entities and designees of the State) shall be authorized to use the roads and related transportation facilities of the Urban Corporation on substantially similar terms as are provided by the Urban Corporation to the Forest Service; (II) shall include restrictions on, and fees for, the use of the National Forest System roads and related transportation facilities in existence as of the date of enactment of this section, as necessary, that are reasonable and comparable to the restrictions and fees imposed by the Forest Service for the use of the roads and related transportation facilities; and (III) shall not restrict or limit any access to the roads and related transportation facilities of the Urban Corporation or the Forest Service that may be otherwise provided by valid existing rights and agreements in existence as of the date of enactment of this section. (iii) Intent of Congress It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. (iv) Continued access Beginning on the date on which the land is conveyed to the Urban Corporation under paragraph (1)(A) and ending on the effective date of a binding agreement entered into under clause (i), the Urban Corporation shall provide and allow administrative access to roads and related transportation facilities on the land under substantially similar terms as are provided by the Forest Service as of the date of enactment of this section. (C) Effect on other laws (i) In general Nothing in this section delays the duty of the Secretary to convey land to— (I) the State under Public Law 85–508 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21); or (II) a Native Corporation under— (aa) this Act; or (bb) the Alaska Land Transfer Acceleration Act ( 43 U.S.C. 1611 note; Public Law 108–452 ). (ii) Statehood entitlement (I) In general Statehood selections under Public Law 85–508 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21) are not displaced by the parcels of land described in clauses (i) through (v) of paragraph (1)(A). (II) Boundary adjustments In the event of a dispute between an area selected as a Statehood selection and a parcel of land referred to in subclause (I), the Secretary shall work with the Urban Corporation and the State in good faith to adjust the boundary of the parcel to exclude any area selected as a Statehood selection. (iii) Conveyances The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with— (I) this Act; and (II) the Alaska Land Transfer Acceleration Act ( 43 U.S.C. 1611 note; Public Law 108–452 ). (iv) Fish and wildlife Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State. (D) Maps (i) Availability Each map referred to in paragraph (1)(A) shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture. (ii) Corrections The Secretary, in consultation with the Secretary of Agriculture, may make any necessary correction to a clerical or typographical error in a map referred to in paragraph (1)(A). (c) Conveyance of roads, trails, log transfer facilities, leases, and appurtenances (1) In general The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). (2) Conditions The conveyance under paragraph (1) shall be subject to— (A) section 14(g); and (B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). (3) Continuation of agreements (A) In general On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights-of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section. (B) Requirement In accordance with section 14(g), any right-of-way, easement, or agreement described in subparagraph (A) shall continue unless the right-of-way, easement, or agreement— (i) expires under its own terms; or (ii) is mutually renegotiated. (d) Settlement trust (1) In general Each Urban Corporation may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the community of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as applicable. (2) Proceeds and income The proceeds and income from the principal of a trust established under paragraph (1) shall— (A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and (B) thereafter to the support of all other enrollees. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development. . | https://www.govinfo.gov/content/pkg/BILLS-117s3269is/xml/BILLS-117s3269is.xml |
117-s-3270 | II 117th CONGRESS 1st Session S. 3270 IN THE SENATE OF THE UNITED STATES November 29, 2021 Ms. Cantwell (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize the Maritime Administration, and for other purposes.
1. Short title This Act may be cited as the Maritime Administration Reauthorization Act of 2022 . 2. Authorization of the maritime administration There are authorized to be appropriated to the Department of Transportation for fiscal year 2022, for programs associated with maintaining the United States Merchant Marine, the following amounts: (1) For expenses necessary to support the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000, to remain available until September 30, 2023, shall be for Academy operations; and (B) $5,500,000, to remain available until expended, shall be for facilities maintenance and repair and equipment. (2) For expenses necessary for operations, support, and training activities for the State maritime academies, $50,780,000, of which— (A) $2,400,000, to remain available until September 30, 2026, shall be for the Student Incentive Program; (B) $6,000,000, to remain available until September 30, 2023, shall be for direct payments for State maritime academies; (C) $3,800,000, to remain available until expended, shall be for training ship fuel assistance; (D) $8,080,000, to remain available until expended, shall be for offsetting the costs of training ship sharing; and (E) $30,500,000, to remain available until expended, shall be for maintenance and repair, of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000, which shall remain available until expended. (4) For expenses necessary to support Maritime Administration operations and programs, $81,853,000, of which— (A) $10,000,000, to remain available until expended, shall be for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; (B) $11,000,000, to remain available until expended, shall be for the Marine Highways Program, including to make grants as authorized under section 55601 of title 46, United States Code; and (C) $60,853,000, to remain available until September 30, 2022, shall be for headquarters operations expenses. (5) For expenses necessary for the disposal of vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, which shall remain available until expended. (6) For expenses necessary to maintain and preserve a United States-flag merchant fleet to serve the national security needs of the United States, as authorized under chapter 531 of title 46, United States Code, $318,000,000, which shall remain available until expended. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000, to remain available until expended, shall be for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) of loan guarantees under the program; and (B) $3,000,000, to remain available until expended, may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000, which shall remain available until expended. (9) For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $40,000,000, which shall remain available until expended. (10) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. 3. Expanding the maritime environmental and technical assistance program (a) Maritime environmental and technical assistance program From the amount appropriated under section 2(1)(A), not more than 60 percent shall be reserved for activities related to technologies that support port and vessel air emissions reductions and to support zero emissions technologies, including identification of new fuel or other power sources. (b) Uses Section 50307 of title 46, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Uses The results of activities conducted under subsection (b)(1) shall be used to inform the policy decisions of the United States related to domestic regulations and to the United States position on matters before the International Maritime Organization. . 4. Sustainable port infrastructure (a) Short title This section may be cited as the Sustainable Port Infrastructure Act . (b) Port development Section 50302(c) of title 46, United States Code, is amended— (1) in paragraph (3)(A)(ii)— (A) in subclause (II), by striking or after the semicolon; and (B) by adding at the end the following: (IV) projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, including earthquakes, hurricanes and tsunami inundation, including projects for— (aa) port electrification or electrification master planning; (bb) harbor craft or equipment replacements/retrofits; (cc) development of port or terminal micro-grids; (dd) providing idling reduction infrastructure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support electrification technology; (gg) installation of port bunkering facilities from ocean-going vessels for fuels; (hh) electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies; or ; (2) in paragraph (7)(B), by striking 18 percent and inserting 25 percent ; and (3) in paragraph (10)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) Efficient use of non-federal funds (i) In general Notwithstanding any other provision of law and subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (ii) Requirements (I) Application In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that clause, including— (aa) a description of the activities the grant recipient intends to fund; (bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (cc) the level of risk of the activities described in item (aa). (II) Approval The Secretary shall approve or disapprove each request submitted under subclause (I). (III) Compliance with applicable requirements Any non-Federal funds obligated or expended under clause (i) shall comply with all applicable requirements, including any requirements included in the grant agreement. (iii) Effect The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— (I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i). . 5. Elijah cummings ship american act (a) Repeal in MAP-21 Section 100124 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed, and the provisions of law that were repealed or amended by that section are reenacted and amended, respectively, to read as if such section were not enacted. (b) Repeal in bipartisan budget act of 2013 Section 602 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ) is repealed, and the provisions of law that were repealed or amended by that section are reenacted and amended, respectively, to read as of such section were not enacted. (c) Transportation requirements for certain exports sponsored by the secretary of agriculture Subsection (a)(1) of section 55314 of title 46, United States Code, as reenacted by this section, is amended by striking 25 percent and inserting 75 percent . (d) Financing the transportation of agricultural commodities Section 55316(a) of title 46, United States Code, as reenacted by this section, is amended by inserting or from the application of section 55305 of this title, requiring transportation on privately-owned commercial vessels of the United States for 100 percent of the gross tonnage of certain equipment, materials, or commodities before the period. (e) Cargoes procured, furnished, or financed by the united states government Section 55305(b) of title 46, United States Code, is amended by striking 50 and inserting 75 . 6. Sense of congress on the united states merchant marine It is the sense of Congress that the United States Merchant Marine is a critical part of the United States’ national infrastructure, and the men and women of the United States Merchant Marine are essential workers. 7. Ensuring diverse mariner recruitment Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall develop and deliver to Congress a strategy to assist State maritime academies and the United States Merchant Marine Academy to improve the representation of women and underrepresented communities in the next generation of the mariner workforce, including— (1) Black or African American; (2) Hispanic or Latino; (3) Asian; (4) American Indians, Alaska Native, or Native Hawaiians; or (5) Pacific Islander. 8. Maritime Technological Advancement Act of 2021 (a) Short title This section may be cited as the Maritime Technological Advancement Act of 2021 . (b) Centers of excellence for domestic maritime workforce Section 51706 of title 46, United States Code, is amended— (1) in subsection (a), by striking of Transportation ; (2) in subsection (b), in the subsection heading, by striking Assistance and inserting Cooperative Agreements ; (3) by redesignating subsection (c) as subsection (d); (4) in subsection (d), as redesignated by paragraph (2), by adding at the end the following: (3) Secretary The term Secretary means the Secretary of Transportation. ; and (5) by inserting after subsection (b) the following: (c) Grant program (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Maritime Administration. (B) Eligible institution The term eligible institution means an institution that has a demonstrated record of success in training and is— (i) a postsecondary educational institution (as such term is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that offers a 2-year program of study or a 1-year program of training; (ii) a postsecondary vocational institution, as defined under title 600.6 of title 34, Code of Federal Regulations, or similar successor regulation; or (iii) another structured experiential learning training program for American workers in the United States maritime industry, including a program offered by a labor organization or conducted in partnerships with a nonprofit organization or 1 or more employers in the maritime industry. (C) United states maritime industry The term United States maritime industry means all segments of the maritime-related transportation system of the United States, both in domestic and foreign trade, and in coastal, offshore, and inland waters, as well as non-commercial maritime activities, such as pleasure boating and marine sciences (including all scientific research vessels), and all of the industries that support or depend upon such uses, including vessel construction and repair, vessel operations, ship logistics supply, berthing, port operations, port intermodal operations, marine terminal operations, vessel design, marine brokerage, marine insurance, marine financing, chartering, maritime-oriented supply chain operations, offshore industry, offshore wind, and maritime-oriented research and development. (2) Grant authorization (A) In general Not later than 1 year after the date of enactment of this section, the Administrator may award maritime career training grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers in the United States related to the maritime workforce. (B) Guidelines Not later than 1 year after the date of enactment of this section, the Administrator shall— (i) promulgate guidelines for the submission of grant proposals under this subsection; and (ii) publish and maintain such guidelines on the website of the Maritime Administration. (3) Limitations The Administrator may not award a grant under this subsection in an amount that is more than $12,000,000. (4) Required information (A) In general An eligible institution that desires to receive a grant under this subsection shall submit to the Administrator a grant proposal that includes a detailed description of— (i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to maritime industry workers; (ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of maritime workers in the community served by the eligible institution, particularly any individuals with a barrier to employment; (iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community; and (iv) a description of the previous experience of the eligible institution in providing maritime educational or career training programs. (B) Community outreach required In order to be considered by the Administrator, a grant proposal submitted by an eligible institution under this subsection shall— (i) demonstrate that the eligible institution— (I) reached out to employers to identify— (aa) any shortcomings in existing maritime educational and career training opportunities available to workers in the community; and (bb) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand; and (II) reached out to other similarly situated entities in an effort to benefit from any best practices that may be shared with respect to providing maritime educational or career training programs to workers eligible for training; and (ii) include a detailed description of— (I) the extent and outcome of the outreach conducted under clause (i); (II) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause (i)(I)(aa) or any maritime educational or career training needs identified under clause (i)(I)(bb); and (III) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted. (5) Criteria for award of grants (A) In general Subject to the appropriation of funds, the Administrator shall award a grant under this subsection based on— (i) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve maritime educational or career training programs to be made available to workers; (ii) an evaluation of the likely employment opportunities available to workers who complete a maritime educational or career training program that the eligible institution proposes to develop, offer, or improve; (iii) an evaluation of prior demand for training programs by workers in the community served by the eligible institution, as well as the availability and capacity of existing maritime training programs to meet future demand for training programs; (iv) any prior designation of an institution as a Center of Excellence for Domestic Maritime Workforce Training and Education; and (v) an evaluation of the previous experience of the eligible institution in providing maritime educational or career training programs. (B) Matching requirements A grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law. (6) Competitive awards (A) In general The Administrator shall award grants under this subsection to eligible institutions on a competitive basis in accordance with guidelines and requirements established by the Administrator under paragraph (2)(B). (B) Timing of grant notice The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned. (C) Timing of grants The Administrator shall award grants under this subsection not later than 270 days after the date of enactment of the appropriations Act for the fiscal year concerned. (D) Application of requirements The requirements under subparagraphs (B) and (C) shall not apply until the guidelines required under paragraph (2)(B) have been promulgated. (E) Reuse of unexpended grant funds Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Administrator for use for grants under this subsection. (F) Administrative costs Not more than 3 percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration. (7) Eligible uses of grant funds An eligible institution receiving a grant under this subsection— (A) shall carry out activities that are identified as priorities for the purpose of developing, offering, or improving educational or career training programs for the United States maritime industry workforce; (B) shall provide training to upgrade the skills of the United States maritime industry workforce, including training to acquire covered requirements as well as technical skills training for jobs in the United States maritime industry; and (C) may use the grant funds to— (i) admit additional students to maritime training programs; (ii) develop, establish, and annually update viable training capacity, courses and mechanisms to rapidly upgrade skills and perform assessments of merchant mariners during time of war or national emergency and to increase credentials for domestic or defense needs where training can decrease the gap in the numbers of qualified mariners for sealift; (iii) provide services to upgrade the skills of United States offshore wind marine service workers who transport, install, operate, or maintain offshore wind components and turbines, including training, curriculum, and career pathway development, on-the-job training, safety, and health training, and classroom training; (iv) expand existing or create new maritime training programs, including through partnerships and memoranda of understanding with 4-year institutions of higher education, labor organizations, apprenticeships with the United States maritime industry, or with 1 or more employers in the maritime industry; (v) create new maritime career pathways; (vi) expand existing or create new training programs for transitioning military veterans to careers in the United States maritime industry; (vii) expand existing or create new training programs that address the needs of individuals with a barrier to employment, as determined by the Secretary in consultation with the Secretary of Labor, in the United States maritime industry; (viii) purchase, construct, develop, expand, or improve training facilities, buildings, and equipment to deliver maritime training programs; (ix) recruit and train additional faculty to expand the maritime training programs offered by the eligible institution; (x) provide financial assistance through scholarships or tuition waivers, not to exceed the applicable tuition expenses associated with the covered programs; (xi) promote the use of distance learning that enables students to take courses through the use of teleconferencing, the Internet, and other media technology; (xii) assist in providing services to address maritime workforce recruitment and training of youth residing in targeted high-poverty areas within empowerment zones and enterprise communities; (xiii) implement partnerships with national and regional organizations with special expertise in developing, organizing, and administering maritime workforce recruitment and training services; (xiv) carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor-management partnership; (xv) carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor-management partnership; (xvi) design, develop, and test an array of approaches to providing recruitment, training, or retention services, to enhance diversity, equity and inclusion in the United States maritime industry workforce; (xvii) in conjunction with employers, organized labor, other groups (such as community coalitions), and Federal, State, or local agencies, design, develop, and test various training approaches in order to determine effective practices; or (xviii) assist in the development and replication of effective service delivery strategies for the United States maritime industry as a whole. (8) Public report Not later than December 15 in each of the calendar years 2023 through 2025, the Administrator shall make available on a publicly available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) describing each grant awarded under this subsection during the preceding fiscal year; (B) assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training; and (C) describing the performance of the grant awarded with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ). (9) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $60,000,000 for each of the fiscal years 2022 through 2026. . 9. Preparing the maritime workforce for low and zero emission vessels (a) Development of strategy The Secretary of Transportation, in consultation with the United States Merchant Marine Academy, State maritime academies, and civilian nautical schools and the Secretary of the department in which the Coast Guard is operating, shall develop a strategy to ensure there is an adequate supply of trained United States citizen mariners sufficient to meet the operational requirements of low and zero emission vessels. (b) Report Not later than 6 months after the date the Secretary of Transportation determines that there is commercially viable technology for low and zero emission vessels, the Secretary of Transportation shall— (1) submit a report on the strategy developed under subsection (a) and plans for its implementation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (2) make such report publicly available. 10. Naval technology transfer for quieting Federal non-combatant vessels (a) In general The Secretary of Defense, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Maritime Administration, and the Secretary of the department in which the Coast Guard is operating, shall, not later than 18 months after the date of enactment of this Act, submit a report to the committees identified under subsection (b) and publish an unclassified report— (1) identifying existing, at the time of submission, non-classified naval technologies that reduce underwater noise; and (2) evaluating the effectiveness and feasibility of incorporating such technologies in the design, procurement, and construction of non-combatant vessels of the United States. (b) Committees The report under subsection (a) shall be submitted the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of Defense for carrying out this section, $100,000 for fiscal year 2022, to remain available until expended. 11. Study examining the impact of stormwater runoff and tires near ports (a) In general Not later than 90 days after the date of enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, in concert with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall commence a study that— (1) examines the existing science on tire-related chemicals in stormwater runoff at ports and associated transportation infrastructure and the impacts of such chemicals on Pacific salmon and steelhead; (2) examines the challenges of studying tire-related chemicals in stormwater runoff at ports and associated transportation infrastructure and the impacts of such chemicals on Pacific salmon and steelhead; (3) provides recommendations for improving monitoring of stormwater and research related to run-off for tire-related chemicals and the impacts of such chemicals on Pacific salmon and steelhead at ports and associated transportation infrastructure near ports; and (4) provides recommendations based on the best available science on relevant management approaches at ports and associated transportation infrastructure under their respective jurisdictions. (b) Submission of study Not later than 18 months after commencing the study under subsection (a), the Administrator of the National Oceanic and Atmospheric Administration, in concert with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall— (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including detailing any findings from the study; and (2) make such study publicly available. 12. Strategic seaports Section 50302(c)(6) of title 46, United States Code, is amended by adding at the end the following: (C) Infrastructure improvements identified in the report on strategic seaports In selecting projects described in paragraph (3) for funding under this subsection, the secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1985) that would improve the commercial operations of those seaports. . 13. Improving Protections for Midshipmen Act (a) Short title This section may be cited as the Improving Protections for Midshipmen Act . (b) Suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault (1) In general Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation (a) Sexual harassment 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 suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner’s document shall be suspended or revoked. (b) Sexual assault 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 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked. (c) Substantiated claim (1) In General The term substantiated claim means— (A) a finding by any administrative or legal proceeding that the individual committed sexual harassment or sexual assault in violation of any Federal, State, local or Tribal law or regulation; or (B) a determination after an investigation by the Coast Guard that it is more likely than not the individual committed sexual harassment or sexual assault as defined in subsection (c). (2) Investigation by the Coast Guard An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard: (A) Any inquiry or determination made by the employer as to whether the individual committed sexual harassment or sexual assault. (B) Upon request, from an employer or former employer of the individual, any investigative materials, documents, records, or files in its possession that are related to the claim of sexual harassment or sexual assault by the individual. (d) Definitions (1) Sexual harassment The term sexual harassment means any of the following: (A) Conduct that— (i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature when— (I) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career; (II) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; (III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; or (IV) conduct may have been by a person’s supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and (ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. (B) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a subordinate. (C) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant. (2) Sexual assault The term sexual assault means any form of abuse or contact as defined in chapter 109A of title 18, United States Code. (e) Regulations The Secretary of the department in which the Coast Guard is operating may issue further regulations as necessary to update the definitions in this section, consistent with descriptions of sexual harassment and sexual assault addressed in title 10 and title 18, United States Code, and any other relevant Federal laws, to implement subsection (a) of this section. . (2) 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. . (c) Supporting the United States Merchant Marine Academy (1) 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 (1) In general Not later than January 1, 2023, the Maritime Administrator shall establish an information management system to track and maintain, in such a manner that patterns can be reasonably identified, information regarding claims and incidents involving cadets that are reportable pursuant to subsection (d) of section 51318 of this chapter. (2) Information maintained in the system Information maintained in the system shall include the following information, to the extent that information is available: (A) The overall number of sexual assault or sexual harassment incidents per fiscal year. (B) The location of each such incident, including vessel name and the name of the company operating the vessel, if applicable. (C) The names and ranks of the individuals involved in each such incident. (D) The general nature of each such incident, to include copies of any associated reports completed on the incidents. (E) The type of inquiry made into each such incident. (F) A determination as to whether each such incident is substantiated. (G) Any informal and formal accountability measures taken for misconduct related to the incident, including decisions on whether to prosecute the case. (3) Past information included The information management system under this section shall include the relevant data listed in this subsection related to sexual assault and sexual harassment that the Maritime Administrator possesses, and shall not be limited to data collected after January 1, 2023. (4) Privacy protections The Maritime Administrator and the Department of Transportation Chief Information Officer shall coordinate to ensure that the information management system under this section shall be established and maintained in a secure fashion to ensure the protection of the privacy of any individuals whose information is entered in such system. (5) Cybersecurity audit Ninety days after the implementation of the information management system, the Office of Inspector General of the Department of Transportation shall commence an audit of the cybersecurity of the system and shall submit a report containing the results of that audit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Sea year program The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews, to be conducted by personnel who are not involved in the assignment of the midshipmen to a Sea Year vessel, for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d). 51324. Student advisory board at the United States Merchant Marine Academy (a) In general The Administrator of the Maritime Administration shall establish at the United States Merchant Marine Academy an advisory board to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the Advisory Board ). (b) Membership The Advisory Board shall be composed of not fewer than 12 midshipmen of the Merchant Marine Academy who are enrolled at the Merchant Marine Academy at the time of the appointment, including not fewer than 3 cadets from each class. (c) Appointment; term Midshipmen shall serve on the Advisory Board pursuant to appointment by the Administrator of the Maritime Administration. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of midshipmen at the Academy. The term of membership of a midshipmen on the Advisory Board shall be 1 academic year. (d) Reappointment The Administrator of the Maritime Administration may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Administrator determines such reappointment to be in the best interests of the Merchant Marine Academy. (e) Meetings The Advisory Board shall meet with the Secretary of Transportation at least once each academic year to discuss the activities of the Advisory Board. The Advisory Board shall meet in person with the Administrator of the Maritime Administration not less than 2 times each academic year to discuss the activities of the Advisory Board. (f) Duties The Advisory Board shall— (1) identify health and well-being, diversity, and sexual assault and harassment challenges and other topics considered important by the Advisory Board facing midshipmen both at the Merchant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities; (2) discuss and propose possible solutions, including improvements to culture and leadership development at the Merchant Marine Academy; and (3) periodically, review the efficacy of the program in section 51323(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement. (g) Working groups The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board. (h) Reports and briefings The Advisory Board shall regularly provide the Secretary of Transportation and the Administrator of the Maritime Administration reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both. 51325. 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 (1) In General The Council shall be composed of not fewer than 8 and not more than 14 individuals selected by the Secretary of Transportation who are alumni that have graduated within the last 4 years 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. (2) Experts included The Council shall include— (A) not less than 1 member who is licensed in the field of mental health and has prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization; and (B) not less than 1 member who has prior experience developing or implementing sexual assault or sexual assault prevention and response policies in an academic setting. (3) Rules regarding membership 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) Duties; authorized activities (1) In general The Council shall meet not less often than semi-annually to— (A) review— (i) the policies on sexual harassment, dating violence, domestic violence, sexual assault, and stalking under section 51318 of this title; and (ii) related matters the Council views as appropriate; and (B) develop recommendations designed to ensure that such policies and such matters conform, to the extent practicable, to best practices in the field of sexual assault and sexual harassment response and prevention. (2) Authorized activities To carry out this subsection, the Council may— (A) conduct case reviews, as appropriate and only with the consent of the victim of sexual assault or harassment; (B) interview 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); and (C) review— (i) exit interviews under section 51323(b) and surveys under section 51322(d); (ii) data collected from restricted reporting; and (iii) any other information necessary to conduct such case reviews. (3) Personally identifiable information In carrying out this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable 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 the Council's findings based on the reviews conducted pursuant to subsection (c) and related recommendations. (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. 51326. Diversity and inclusion action plan (a) In general Not later than January 1, 2023, the Maritime Administrator shall issue a Diversity and Inclusion Action Plan for the United States Merchant Marine Academy (referred to in this section as the Plan ) and make the Plan publicly available. (b) Contents of Diversity and Inclusion Action Plan; Surveys (1) In General The Plan shall— (A) contain a description of how the United States Merchant Marine Academy will 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; (B) develop and make available resources to— (i) establish responsibilities for midshipmen, faculty, and staff of the Academy with respect to diversity and inclusion; (ii) 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; (iii) hold leaders and other individuals at the Academy accountable for violations of such standards; (iv) equip midshipmen, faculty, and staff of the Academy with the resources and materials to promote a diverse and inclusive working environment; and (v) address how concepts of diversity and inclusion can be integrated into the curriculum and training of the Academy. (2) Surveys The Maritime Administrator shall— (A) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing— (i) the inclusiveness of the environment of the Academy; and (ii) the effectiveness of the Plan; and (B) require an annual survey of faculty and staff of the Academy assessing the inclusiveness of the environment of the Sea Year program. . (2) Report to Congress Not later than 30 days after the date of enactment of this section, the Maritime Administrator shall provide Congress with a briefing on the resources necessary to properly implement this section. (3) 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. Student advisory board at the United States Merchant Marine Academy. 51325. Sexual assault advisory council. 51326. Diversity and inclusion action plan. . (4) United States Merchant Marine Academy student support plan (A) Student support plan Not later than January 1, 2023, the Maritime Administrator shall issue a Student Support Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry or related industries. Such plan shall— (i) address the mental health resources available to midshipmen, both on-campus and during Sea Year; (ii) establish a tracking system for suicidal ideations and suicide attempts of midshipmen; (iii) create an option for midshipmen to obtain assistance from a professional care provider virtually; and (iv) 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. (B) 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 paragraph. (d) Special victims advisor Section 51319 of title 46, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Special victims advisor (1) In General The Secretary shall designate an attorney (to be known as the Special Victims Advisor ) for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted. (2) Special Victims Advisory The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of Uniform Code of Military Justice procedures, as well as criminal and civil law. (3) Privileged communications Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications. ; and (3) by adding at the end the following: (e) Unfilled vacancies The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsection (a) and (c) of this section without regard to sections 3309 through 3319 of title 5, United States Code. . (e) Catch a serial offender assessment (1) Assessment Not later than one year after the date of enactment of this Act, the Commandant of the Coast Guard, in coordination with the Maritime Administrator, shall conduct an assessment of the feasibility and process necessary, and appropriate responsible entities to establish a program for the United States Merchant Marine Academy and United States Merchant Marine modeled on 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. (2) Legislative change proposals If, as a result of the assessment required by paragraph (1), the Commandant or the Administrator determines they need additional authority to implement the program described in paragraph (1), the Commandant or the Administrator, as applicable, shall provide appropriate legislative change proposals to Congress. (f) 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 that shall be provided not less than semi-annually to all midshipmen of the Academy, pursuant to section 51318, 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 prevention and response 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. . | https://www.govinfo.gov/content/pkg/BILLS-117s3270is/xml/BILLS-117s3270is.xml |
117-s-3271 | II 117th CONGRESS 1st Session S. 3271 IN THE SENATE OF THE UNITED STATES November 29, 2021 Mr. Durbin (for himself and Ms. Collins ) 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 provide for transportation and subsistence for criminal justice defendants, and for other purposes.
1. Short title This Act may be cited as the Criminal Judicial Administration Act of 2021 . 2. Transportation and subsistence for criminal justice act defendants Section 4285 of title 18, United States Code, is amended in the first sentence— (1) by striking when the interests of justice would be served thereby and the United States judge or magistrate judge is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own and inserting when the United States judge or magistrate judge is satisfied that the defendant is indigent based on appointment of counsel pursuant to section 3006A, or, after appropriate inquiry, that the defendant is financially unable to provide necessary transportation on his own ; (2) by striking to the place where his appearance is required, and inserting (1) to the place where each appearance is required and (2) to return to the place of the person’s arrest or bona fide residence, ; and (3) by striking to his destination, and inserting which includes money for both lodging and food, during travel to the person’s destination and during any proceeding at which the person’s appearance is required . 3. Effective use of magistrate judges to decide postjudgment motions Section 3401 of title 18, United States Code, is amended— (1) in subsection (b)— (A) in the second sentence, by striking and after trial, judgment, ; (B) in the second sentence, by inserting , and rulings on all post-judgment motions after sentencing ; (C) in the third sentence, by striking and after trial, judgment, ; and (D) in the third sentence, by inserting , and rulings on all post-judgment motions after sentencing ; (2) in subsection (c), by striking , with the approval of a judge of the district court, ; and (3) by inserting after subsection (i) the following: (j) A magistrate judge who exercises trial jurisdiction under this section, in either a petty offense case or a misdemeanor case in which the defendant has consented to a magistrate judge, may also rule on all post-judgment motions in that case, including but not limited to petitions for writs of habeas corpus, writs of coram nobis, motions to vacate a sentence under section 2255 of title 28, and motions related to mental competency under chapter 313 of this title. . | https://www.govinfo.gov/content/pkg/BILLS-117s3271is/xml/BILLS-117s3271is.xml |
117-s-3272 | II 117th CONGRESS 1st Session S. 3272 IN THE SENATE OF THE UNITED STATES November 29, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prioritize icebreaker deployments to the Arctic, and for other purposes.
1. Short title This Act may be cited as the Arctic Focus Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Committee on Transportation and Infrastructure of the House of Representatives ; (E) the Committee on Armed Services of the House of Representatives ; and (F) the Committee on Appropriations of the House of Representatives . (2) Arctic The term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). 3. Statement of policy regarding Arctic activities In recognition of the Arctic’s strategic importance to the national security interests of the United States, and the need to exert influence through persistent presence in the Arctic, the Coast Guard shall— (1) prioritize icebreaker deployments to the Arctic so that Antarctic deployments do not occur at the expense of sufficient Arctic presence or operations; (2) provide sufficient icebreaking activity to keep the Northwest Passage sea lanes open for commerce, national defense, rescue and recovery operations, and scientific exploration by 2030; (3) permanently station at least 1 icebreaking vessel within the Arctic not later than the earlier of— (A) the date that is 1 year after the delivery of the first Polar Security Cutter; or (B) 2030; and (4) continuously patrol the Arctic with at least 1 major Coast Guard cutter that is able to execute search and rescue operations, fisheries enforcement, pollution response, and support for national defense operations. 4. Arctic operational implementation report Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the appropriate congressional committees that— (1) describes the ability and timeline to conduct a transit of the Northern Sea Route and periodic transits of the Northwest Passage; and (2) includes a plan to implement the activities described in section 3. | https://www.govinfo.gov/content/pkg/BILLS-117s3272is/xml/BILLS-117s3272is.xml |
117-s-3273 | II 117th CONGRESS 1st Session S. 3273 IN THE SENATE OF THE UNITED STATES November 29, 2021 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To take certain land in the State of California into trust for the benefit of the Agua Caliente Band of Cahuilla Indians, and for other purposes.
1. Short title This Act may be cited as the Agua Caliente Land Exchange Fee to Trust Confirmation Act . 2. Land to be taken into trust for the benefit of the Agua Caliente Band of Cahuilla Indians (a) In general The approximately 2,560 acres of land owned by the Agua Caliente Band of Cahuilla Indians generally depicted as Lands to be Taken into Trust on the map entitled Agua Caliente Band of Cahuilla Indians Land to be Taken into Trust and dated November 17, 2021, is hereby taken into trust by the United States for the benefit of the Agua Caliente Band of Cahuilla Indians. (b) Administration Land taken into trust by subsection (a) shall be— (1) part of the reservation of the Agua Caliente Band of Cahuilla Indians; and (2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (c) Gaming prohibited Land taken into trust by subsection (a) shall not be eligible for gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s3273is/xml/BILLS-117s3273is.xml |
117-s-3274 | II 117th CONGRESS 1st Session S. 3274 IN THE SENATE OF THE UNITED STATES November 29, 2021 Mr. Warner (for himself, Mr. Rubio , Mrs. Feinstein , Mr. Burr , Mr. Wyden , Mr. Risch , Mr. Heinrich , Ms. Collins , Mr. King , Mr. Cotton , Mr. Bennet , Mr. Cornyn , Mr. Casey , Mrs. Gillibrand , and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To rename the Geospatial Learning Center in the Next NGA West facility in St. Louis, Missouri, as the Senator Roy Blunt Geospatial Learning Center.
1. Designation of Senator Roy Blunt Geospatial Learning Center (a) Designation The Geospatial Learning Center in the Next NGA West facility in St. Louis, Missouri, shall after the date of the enactment of this Act be known and designated as the Senator Roy Blunt Geospatial Learning Center . (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the Geospatial Learning Center in the Next NGA West facility referred to in subsection (a) shall be deemed to be a reference to the Senator Roy Blunt Geospatial Learning Center . | https://www.govinfo.gov/content/pkg/BILLS-117s3274is/xml/BILLS-117s3274is.xml |
117-s-3275 | II 117th CONGRESS 1st Session S. 3275 IN THE SENATE OF THE UNITED STATES November 29, 2021 Mr. Coons introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support a civilian-led democratic transition, peace, and stability in Sudan.
1. Short title This Act may be cited as the Sudan Democracy Act . 2. Definitions In this Act: (1) Admitted; alien The terms admitted and alien have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1001 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . (3) Foreign person The term foreign person means a person that is not a United States person. (4) Gross violations of internationally recognized human rights The term gross violations of internationally recognized human rights has the meaning given such term in section 502B(d)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(d)(1) ). (5) International financial institutions The term international financial institutions means— (A) the International Monetary Fund; (B) the International Bank for Reconstruction and Development; (C) the International Development Association; (D) the International Finance Corporation; (E) the Inter-American Development Bank; (F) the Asian Development Bank; (G) the Inter-American Investment Corporation; (H) the African Development Bank; (I) the African Development Fund; (J) the European Bank for Reconstruction and Development; and (K) the Multilateral Investment Guaranty Agency. (6) Knowingly The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) Security and intelligence services The term security and intelligence services means— (A) the Sudan Armed Forces; (B) the Rapid Support Forces; (C) the Popular Defense Forces; (D) other Sudanese paramilitary units; (E) Sudanese police forces; and (F) the General Intelligence Service (previously known as the National Intelligence and Security Services). (8) United states person The term United States person means— (A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity. 3. Findings; statement of policy (a) Findings Congress makes the following findings: (1) On November 17, 1958, Lieutenant General Ibrahim Abboud of Sudan led the country’s first coup after independence, and the first successful coup in post-independence Africa. (2) There have been more than 200 coup attempts across Africa since the 1958 coup in Sudan, including successful coups in Sudan in 1969, 1985, 1989, and 2019. (3) On April 11, 2019, President Omar al Bashir of Sudan, who came to power in a military coup in 1989, was overthrown after months of popular protests by his own security chiefs, who established a Transitional Military Council, led by Lieutenant General Abdel Fattah al-Burhan, that ignored calls from the Sudanese people to transfer power to civilians. (4) On August 17, 2019— (A) the Transitional Military Council, under domestic and international pressure, signed a power-sharing agreement with the Forces for Freedom and Change, a broad coalition of political parties and civic groups representing the protest movement that had pushed for the end of the Bashir regime and a transition to civilian rule; and (B) a transitional government was formed that allowed the junta leaders to remain in government in a partnership with new civilian authorities nominated by the Forces for Freedom and Change, including Prime Minister Abdallah Hamdok, for a transitional period to democracy. (5) On October 25, 2021, Lieutenant General Burhan, with the support of Lieutenant Mohamed Hamdan Dagalo (also known as Hemedti )— (A) seized control of the Government of Sudan; (B) deployed the military to the streets of Khartoum and Omdurman; (C) shut down the internet in Sudan; and (D) detained Prime Minister Hamdok and other civilian officials. (6) The African Union Peace and Security Council has condemned the military takeover, rejected the unconstitutional change of government, and on October 27, 2021, suspended Sudan from the Council until the civilian-led transitional government is restored. (7) The Troika (the United States, United Kingdom, Norway), the European Union, and Switzerland continue to recognize the Prime Minister and his cabinet as the constitutional leaders of the transitional government . (8) The Sudanese people have condemned the military takeover and launched a campaign of peaceful civil disobedience, continuing the protests for democracy that began in late 2018 and reflecting a historic tradition of non-violence protests led by previous generations in Sudan against military regimes in 1964 and 1985. (9) In response to public calls for civilian rule since October 25, 2021, Sudanese security forces have arbitrarily detained civilians and used excessive and lethal force against peaceful protesters that has resulted in civilian deaths across the country. (10) The October 25, 2021 military takeover represents a threat to— (A) Sudan’s economic recovery and stability; (B) the bilateral relationship between Sudan and the United States; and (C) regional peace and security. (b) Statement of policy It is the policy of the United States— (1) to support the democratic aspirations of the people of Sudan and a political transition process that results in a civilian government that is democratic, accountable, respects the human rights of its citizens, and is at peace with itself and with its neighbors; (2) to encourage the reform of the security sector of Sudan to one that is protects citizens under a democracy and respects civilian authority; and (3) to deter military coups and efforts by external parties to support them. 4. Imposition of sanctions (a) In general The President shall impose the sanctions described in subsection (b) with respect to any person or entity that the President determines, on or after the date of enactment of this Act— (1) is responsible for, complicit in, or directly or indirectly engaged or attempted to engage in— (A) actions that undermine the transition to democracy in Sudan, or, after elections, undermine democratic processes or institutions; (B) actions that threaten the peace, security, or stability of Sudan; (C) actions that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Sudan, or limit access to print, online, or broadcast media in Sudan; (D) the arbitrary detention or torture of any person in Sudan or other gross violations of internationally recognized human rights in Sudan; (E) significant efforts to impede investigations or prosecutions of alleged serious human rights abuses in Sudan; (F) actions that result in the misappropriation of significant state assets of Sudan or manipulation of the currency, or that hinder government oversight of parastatal budgets and revenues; (G) actions that violate medical neutrality, including blocking access to care and targeting first responders, medical personnel, or medical institutions; or (H) disrupting access to communication technologies and information on the internet; (2) is an entity owned or controlled by any person or entity described in paragraph (1); (3) forms an entity for the purpose of evading sanctions that would otherwise be imposed pursuant to subsection (b); (4) is acting for, or on behalf of, a person or entity referred to in paragraph (1), (2), or (3); (5) is an entity that is owned or controlled (directly or indirectly) by security and intelligence services, from which 1 or more persons or entities described in paragraph (1) derive significant revenue or financial benefit; or (6) has knowingly— (A) provided significant financial, material, or technological support— (i) to a foreign person or entity described in paragraph (1) in furtherance of any of the acts described in subparagraph (A) or (B) of such paragraph; or (ii) to any entity owned or controlled by such person or entity or an immediate family member of such person; or (B) received significant financial, material, or technological support from a foreign person or entity described in paragraph (1) or an entity owned or controlled by such person or entity or an immediate family member of such person. (b) Sanctions; exceptions (1) Sanctions (A) Asset blocking Notwithstanding section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets 1 or more of the criteria described in subsection (a) 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 who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (a)— (I) is inadmissible to the United States; (II) is ineligible to receive a visa or other documentation to enter the United States; and (III) is otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or a designee of the Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), shall revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation was issued. (II) Effect of revocation A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Exception to comply with united nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Penalties Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection (b) 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 such section. (4) Implementation The President— (A) may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section; and (B) shall issue such regulations, licenses, and orders as may be necessary to carry out this section. (5) Exception to comply with national security Activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) and any authorized intelligence or law enforcement activities of the United States shall be exempt from sanctions under this section. (c) Waiver The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection (a) if the President— (1) determines that such waiver with respect to such foreign person is in the national interest of the United States; and (2) not later than the date on which such waiver will take effect, submits notice of, and justification for, such waiver to— (A) the appropriate congressional committees; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate ; and (C) the Committee on Financial Services of the House of Representatives . (d) Sunset The requirement to impose sanctions under this section shall cease to be effective on December 31, 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3275is/xml/BILLS-117s3275is.xml |
117-s-3276 | II 117th CONGRESS 1st Session S. 3276 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Blumenthal (for himself, Mr. Schumer , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the circumvention of control measures used by Internet retailers to ensure equitable consumer access to products, and for other purposes.
1. Short title This Act may be cited as the Stopping Grinch Bots Act of 2021 . 2. Unfair and deceptive acts and practices relating to circumvention of online access control measures (a) Conduct prohibited (1) In general Except as provided in paragraph (2), it shall be unlawful for any person— (A) to circumvent a security measure, access control system, or other technological control or measure on an Internet website or online service to enforce posted purchasing limits or to manage inventory; or (B) to sell or offer to sell any product or service in interstate commerce obtained in violation of subparagraph (A) if the person selling or offering to sell the product or service— (i) participated directly in or had the ability to control the conduct in violation of subparagraph (A); or (ii) knew or should have known that the product or service was acquired in violation of subparagraph (A). (2) Exception It shall not be unlawful under this section for a person to create or use any computer software or system— (A) to investigate, or further the enforcement or defense, of any alleged violation of this section or other statute or regulation; or (B) to engage in research necessary to identify and analyze flaws and vulnerabilities of measures, systems, or controls described in paragraph (1)(A), if these research activities are conducted— (i) to advance the state of knowledge in the field of computer system security; or (ii) to assist in the development of computer security product. (b) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (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. (6) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 3. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Posted The term posted means clearly and conspicuously published on an Internet website. | https://www.govinfo.gov/content/pkg/BILLS-117s3276is/xml/BILLS-117s3276is.xml |
117-s-3277 | II 117th CONGRESS 1st Session S. 3277 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mrs. Capito (for herself, Mr. Inhofe , Mr. Cramer , Ms. Lummis , Mr. Shelby , Mr. Boozman , Mr. Wicker , Mr. Sullivan , Ms. Ernst , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To enact the Section 401 Certification Rule, and for other purposes.
1. Short title This Act may be cited as the Section 401 Certification Act . 2. Findings Congress finds that— (1) section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) is designed to provide States and authorized Indian Tribes an important tool to help protect the water quality of federally regulated waters within their borders, in collaboration with Federal agencies through the cooperative federalism framework of that Act ( 33 U.S.C. 1251 et seq. ); (2) in the years preceding the date of enactment of this Act, States have denied water quality certifications under section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) for infrastructure projects for reasons other than protecting water quality, such as downstream greenhouse gas emissions; (3) natural gas pipelines, coal production, and electric transmissions lines are vital to ensuring that the people of the United States have affordable access to energy; (4) in October 2021, the Energy Information Administration projected that nearly half of households in the United States that heat primarily with natural gas will spend, on average, 30 percent more to heat those households as compared to the previous winter; (5) fuel scarcity and a lack of sufficient infrastructure to transport natural gas contribute to higher energy prices; and (6) other infrastructure projects, such as road construction to support interstate commerce, are in the national interest and warrant regulatory certainty under section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ). 3. Enactment of the Section 401 Certification Rule The final rule of the Environmental Protection Agency entitled Clean Water Act Section 401 Certification Rule (85 Fed. Reg. 42210 (July 13, 2020)) is enacted into law. | https://www.govinfo.gov/content/pkg/BILLS-117s3277is/xml/BILLS-117s3277is.xml |
117-s-3278 | II 117th CONGRESS 1st Session S. 3278 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Blumenthal (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries by requiring the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries, and for other purposes.
1. Short title This Act may be cited as Reese’s Law . 2. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries (a) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that includes at least— (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that prevents access to button cell or coin batteries by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) warning label requirements— (A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and (C) to be included, as practicable, directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery. (b) Requirements for warning labels Warning labels required under subsection (a)(2) shall— (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of standard for enforcement purposes A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). (d) Exception for reliance on voluntary standard (1) Before promulgation of standard by Commission Subsection (a) shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that— (A) there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a); and (B) the voluntary standard described in subparagraph (A)— (i) is in effect at the time of the determination by the Commission; or (ii) will be in effect not later than the date that is 180 days after the date of the enactment of this Act. (2) After promulgation of standard by Commission A final consumer product safety standard promulgated under subsection (a) shall cease to apply on the date described in subsection (e)(2) if the Commission determines that— (A) there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a); and (B) the voluntary standard described in subparagraph (A)— (i) is in effect at the time of the determination by the Commission; or (ii) will be in effect not later than the date that is 180 days after the date of the determination by the Commission. (3) Determination required to be published in Federal Register Any determination made by the Commission under this subsection shall be published in the Federal Register. (e) Treatment of voluntary standard for enforcement purposes (1) In general If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ) beginning on the date described in paragraph (2). (2) Date described The date described in this paragraph is the later of— (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of voluntary standard (1) Notice to Commission If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. (2) Effective date of revision Beginning on the date that is 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ), in place of the prior version, unless, within 90 days after receiving the notice, the Commission determines that the revised voluntary standard does not meet the requirements for a standard promulgated under subsection (a). (g) Future rulemaking At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard or to include in the standard or revised standard any additional provision that the Commission determines is necessary to protect children from ingesting button cell or coin batteries or that would lessen the severity of injury or risk of death in the event of ingestion. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). 3. Child-resistant packaging for button cell or coin batteries (a) Requirement Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation). (b) Applicability The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1472(a) ). 4. Exemption for compliance with existing standard The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with ASTM International's Standard Consumer Safety Specification for Toy Safety (F963) on the date of enactment of this Act. 5. Definitions In this Act: (1) Button cell or coin battery The term button cell or coin battery means— (A) a single cell battery with a diameter greater than the height of the battery; or (B) any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. (2) Commission The term Commission means the Consumer Product Safety Commission. (3) Consumer product The term consumer product has the meaning given such term in section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ). (4) Consumer product containing button cell or coin batteries The term consumer product containing button cell or coin batteries means a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately. (5) Toy product The term toy product means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. | https://www.govinfo.gov/content/pkg/BILLS-117s3278is/xml/BILLS-117s3278is.xml |
117-s-3279 | II 117th CONGRESS 1st Session S. 3279 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Rubio (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act.
1. Short title This Act may be cited as the Haiti Economic Lift Program Extension Act of 2021 . 2. Extension of special rules for Haiti under Caribbean Basin Economic Recovery Act Section 213A of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703a ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (B)(v)(I)— (i) by striking means and all that follows through 60 percent and inserting means 60 percent ; and (ii) by striking 7 succeeding 1-year periods and inserting 17 succeeding 1-year periods ; and (B) in subparagraph (C)— (i) in the table, by striking 16 succeeding 1-year periods and inserting 28 succeeding 1-year periods ; and (ii) in the matter following the table, by striking 2025 and inserting 2035 ; and (2) in subsection (h), by striking 2025 and inserting 2035 . | https://www.govinfo.gov/content/pkg/BILLS-117s3279is/xml/BILLS-117s3279is.xml |
117-s-3280 | II 117th CONGRESS 1st Session S. 3280 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Blunt (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the Office of Children in Family Security and an Ambassador at Large for Children in Family Security, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Children in Family Security Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. TITLE I—Office of Children in Family Security and Ambassador at Large for Children in Family Security Sec. 101. Office of Children in Family Security. Sec. 102. Ambassador at Large for Children in Family Security. Sec. 103. Amendments to the Intercountry Adoption Act of 2000. Sec. 104. Amendment to the Immigration and Nationality Act. TITLE II—Supporting children in adversity Sec. 201. Special Advisor for Children in Adversity. Sec. 202. Coordination with the Office of Children in Family Security. TITLE III—Funding; rules of construction; effective date Sec. 301. Funding. Sec. 302. Rules of construction. Sec. 303. Effective date of title I. 2. Sense of Congress It is the sense of Congress that— (1) the United States Government should be a source of support and encouragement for foreign child welfare systems interested in transitioning from institutional care to family care, according to the best interests of the child living without, or at risk of living without, family care; (2) a foreign child welfare system that reflects the best interests of a child living without, or at risk of living without, family care should— (A) while keeping siblings together whenever possible— (i) prioritize family preservation or reunification; (ii) when family preservation or reunification is not possible, ensure the timely provision of adoption or guardianship; and (iii) use interim placement of foster care or kinship care if— (I) such placement is immediately available; and (II) there are ongoing efforts to transition the child to the other forms of family care described in clauses (i) and (ii); (B) provide assistance for children with disabilities, who are disproportionately institutionalized, including— (i) payment and support to adults providing family care; and (ii) any other available assistance that promotes the welfare of such children; and (C) (i) not rely on institutional care; or (ii) if institutional care is currently relied upon, work to transition children to family care; (3) children should grow up with permanent, safe, and nurturing families; (4) many children do not have such families; (5) institutional care— (A) is used throughout the world to assist the millions of children who are without family care, but such care does not reflect the best interests of such children; and (B) presents the risk of neurological and psychological harm to children, especially infants and children with disabilities; (6) there are children living in institutional care who have at least 1 living parent who would otherwise take care of them if the parent could meet the needs of such children; (7) some foreign governments lack the resources or infrastructure to adequately develop a child welfare system that reflects the best interests of children living without family care and children at risk of living without family care; (8) the United States can assist children around the world who are living without family care or who are at risk of living without family care by advocating for and providing technical assistance related to the implementation of laws, regulations, policies, and procedures that— (A) reflect the best interests of such children in a child welfare system of a foreign government; and (B) ensure that intercountry adoption is a viable and fully developed option; and (9) the implementation of United States foreign policy can be enhanced by providing the assistance described in paragraph (8) when— (A) such assistance serves the foreign policy interests of the United States; and (B) a foreign government lacking the resources or infrastructure described in paragraph (7) seeks such assistance from the United States. 3. Definitions In this Act: (1) Adoption The term adoption means— (A) adoptions within the United States; and (B) intercountry adoptions. (2) Ambassador The term Ambassador means the Ambassador at Large for Children in Family Security established under section 102(a) of this Act. (3) Central authority The term central authority has the meaning given such term in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (4) Child welfare system The term child welfare system means a group of services designed to promote the well-being of children by ensuring safety, achieving permanency, and strengthening families. (5) Children in adversity The term children in adversity means individuals who— (A) have not attained 18 years of age; and (B) are experiencing conditions of serious deprivation and danger, including individuals who are— (i) living without, or at risk of living without, family care; (ii) experiencing violence; (iii) affected by, or emerging from, armed conflict or humanitarian crises; (iv) living with disabilities; (v) orphans; or (vi) otherwise vulnerable, including because of human immunodeficiency virus and acquired immunodeficiency syndrome (commonly known as HIV/AIDS ), acute illness, or premature birth. (6) Convention country The term Convention country means a country that is a party to the Hague Adoption Convention. (7) Family care The term family care refers to adoption, family preservation, reunification, foster care, guardianship, or kinship care. (8) Family-like group home The term family-like group home means an arrangement in which a child is placed in a home— (A) that houses a limited number of children; and (B) in which personalized caretaking is provided only by one or more caregivers. (9) Family preservation The term family preservation means measures taken to keep a child within the care of his or her parent or parents. (10) Foster care The term foster care means an arrangement in which a child is placed with at least 1 adult— (A) who is not a relative; (B) with whom the child does not have an emotionally significant relationship; and (C) who has been authorized by a child welfare system to provide full-time care for the child on a temporary basis. (11) Guardianship (A) In general The term guardianship means a permanent legal relationship between an adult and a child, in which the adult is lawfully vested with the power and charged with the duty of taking care of the child. (B) Kinship care; kefala order The terms Kefala order , which is issued by a country that follows traditional Islamic law, and kinship care include relationships that may not qualify as permanent legal relationships under United States law, but may be considered forms of guardianship if such relationships are considered appropriate under the circumstances of a foreign child welfare system. (12) Hague adoption convention The term Hague Adoption Convention means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993. (13) Institutional care The term institutional care means care for children provided in a public or private residential setting that is— (A) not family care; (B) staffed by salaried or volunteer caregivers working pre-determined hours or shifts; and (C) a collective living arrangement, including— (i) orphanages; (ii) places of safety or transit centers for emergency care used primarily as an alternative to family care; (iii) children’s homes; (iv) children’s villages or cottage complexes; and (v) boarding schools or hospitals used primarily as an alternative to family care. (14) Interim placement The term interim placement means foster care or kinship care. (15) Kinship care The term kinship care means an arrangement in which a child is placed with at least 1 adult who— (A) is a relative, a member of a Tribe or clan, or related by marriage, or has an emotionally significant relationship with the child; and (B) has been authorized by a child welfare system to provide full-time care for the child on a temporary basis. (16) Office The term Office means the Office of Children in Family Security established under section 101(a) of this Act. (17) Reunification The term reunification means the transition of a child, after being separated from parental care, into the care or custody of the parent or parents of such child, including the provision of access to appropriate services and support that follows reunification and addresses the reason for the initial separation. (18) Special advisor The term Special Advisor means the Special Advisor for Children in Adversity appointed pursuant to section 135(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f(e) ), as amended by section 201(4). I Office of Children in Family Security and Ambassador at Large for Children in Family Security 101. Office of Children in Family Security (a) Establishment There is established, within the Office of the Secretary of State, the Office of Children in Family Security. (b) Responsibilities (1) Eligibility to participate in intercountry adoptions (A) In general The Director, in consultation with other offices of the Department of State and the Department of Homeland Security, shall determine, based on standardized criteria, whether— (i) a Convention country has met its obligations under the Hague Adoption Convention; and (ii) such country is eligible to participate in intercountry adoptions in accordance with United States law. (B) Notice Not later than 30 days before the effective date of a determination under subparagraph (A), except as otherwise provided by the Office for good cause found and published with the determination, the Director shall publish a general notice in the Federal Register of such determination, which shall include— (i) a statement of the time, place, and nature of the determination; (ii) a reference to the specific legal authority under which the determination is made; and (iii) the terms or substance of the determination or a description of the subjects and issues involved in making the determination. (C) Public comment After each notice is published in accordance with subparagraph (B), the public shall have an opportunity to submit written data, views, or arguments, with or without opportunity for oral presentation, regarding the determination that was the subject of such notice. (D) General statement After considering the data, views, and arguments submitted in accordance with subparagraph (C), the Director shall incorporate in the determination a concise general statement of the basis and purpose of such determination. (2) Development of procedures and criteria The Director, in coordination with U.S. Citizenship and Immigration Services, shall develop a set of procedures and criteria that— (A) governs suitability and eligibility determinations for prospective adoptive parents seeking to adopt internationally, regardless of whether the child to be adopted is from a Convention country; (B) governs the determination of eligibility of a child for adoption, regardless of whether such child is from a Convention country; and (C) is consistent with the best interests of the child determination described in section 303(a)(1)(C) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14932(a)(1)(C) ). (3) Divisions There is established within the Office— (A) a division for executing oversight responsibilities of the Hague Adoption Convention, including the obligations of— (i) the Ambassador at Large for Children in Family Security (referred to in this paragraph as the Ambassador ); and (ii) the Office of Children's Issues of the Department of State; (B) a division for executing bilateral responsibilities of the Hague Adoption Convention, including— (i) executing the obligations of the Ambassador and the Office described in titles I, III, IV, and V of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ), as amended by this Act, except for the obligations expressly assigned to the Ambassador under section 102(c)(3)(C) of this Act; (ii) transmitting any intercountry adoption-related case information received from the central authority of another Convention country to the Secretary of Homeland Security, upon the request of the Secretary of Homeland Security; and (iii) transmitting any intercountry adoption-related case information requested by the Secretary of Homeland Security to the central authority of another Convention country; and (C) a division for promoting best practices for foreign child welfare systems, which shall advise foreign child welfare systems, on such terms and conditions as the Ambassador deems appropriate, regarding— (i) drafting, disseminating, and implementing legislation, regulations, policies, procedures, and other governmental measures; (ii) establishing public, private, and faith- and community-based partnerships; (iii) developing workforce training for governmental and nongovernmental staff; and (iv) identifying and documenting the number and needs of children who are living without, or are at risk of living without, family care. (c) Director (1) In general The Office shall be headed by a Director who shall be appointed by the Secretary of State. (2) Qualifications for appointment The Director shall have— (A) a strong professional background in consular affairs; (B) personal experience in international adoptions; or (C) professional experience in international adoptions or child services. (3) Responsibilities The Director shall— (A) oversee the Office and its divisions; and (B) ensure long-term continuity in the management and policy matters of the Office. (d) Records Not later than 1 year after the date of establishment of the Office, and annually thereafter, the Director shall submit to Congress, with any other relevant annual report mandated by law— (1) a description of the implementation of subsection (b)(3)(C); (2) a record of the date of consultation and the agency consulted pursuant to subsection (b)(1)(A); (3) a record of the date of consultation or coordination and the agency with which the Office consulted or coordinated pursuant to section 102(c)(3); and (4) a record of the date of coordination and the agency with which the Office coordinated pursuant to section 102(c)(4). 102. Ambassador at Large for Children in Family Security (a) Establishment There is established, within the Office of the Secretary of State, an Ambassador at Large for Children in Family Security, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Qualifications The Ambassador shall— (1) have experience in advocating in foreign countries for the development and implementation of laws, regulations, policies, and procedures that reflect the policy described in section 2; and (2) be knowledgeable of, and committed to, promoting the policy described in section 2. (c) Responsibilities The Ambassador shall— (1) advocate for laws, regulations, policies, and procedures that reflect the policy described in section 2; (2) report directly to the Secretary of State and serve as a primary advisor to the President in all matters relevant to children in foreign countries who are living without family care or are at risk of living without family care; (3) subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Administrator of the United States Agency for International Development, the Secretary of Homeland Security, and the Special Advisor, represent the United States in matters relevant to children in foreign countries who are living without, or are at risk of living without, family care— (A) in contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, specialized agencies of the United Nations, and other international organizations of which the United States is a member; and (B) in multilateral conferences and meetings; and (4) coordinate with the Secretary of Homeland Security, the Administrator of the United States Agency for International Development, and the Special Advisor to maintain consistency in United States foreign policy and operations with respect to children in foreign countries who are living without, or are at risk of living without, family care. 103. Amendments to the Intercountry Adoption Act of 2000 The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) is amended— (1) in section 3 ( 42 U.S.C. 14902 )— (A) by amending paragraph (16) to read as follows: (16) Ambassador The term Ambassador means the Ambassador at Large for Children in Family Security established under section 102 of the Children in Families Act of 2021. ; (B) by redesignating paragraph (17) as paragraph (18); and (C) by inserting after paragraph (16) the following: (17) Office The term Office means the Office of Children in Family Security established under section 101 of the Children in Families Act of 2021. ; (2) by amending section 101 ( 42 U.S.C. 14911 ) to read as follows: 101. Designation of central authority (a) In general For purposes of the Convention and this Act— (1) the Office shall serve as the central authority of the United States; and (2) the Ambassador shall serve as the head of the central authority of the United States. (b) Performance of central authority functions Except as otherwise provided in this Act, the Office shall be responsible for the performance of all central authority functions for the United States under the Convention and this Act. (c) Qualifications for Office personnel All personnel of the Office performing central authority functions shall have— (1) a strong background in consular affairs; (2) personal experience in international adoptions; or (3) professional experience in international adoptions or child services. (d) Authority of Ambassador Except as otherwise provided in this Act, the Ambassador may prescribe such regulations as may be necessary to carry out central authority functions on behalf of the United States. ; (3) in sections 102, 104, 202, 203, 204, 303, 401, 403, and 503, by striking Secretary in each place such term appears and inserting Ambassador ; (4) in section 204 ( 42 U.S.C. 14924 )— (A) in the section heading, by striking Secretarial oversight of accreditation and approval and inserting Oversight of accreditation and approval ; (B) in subsection (b)(1), in the paragraph heading, by striking Secretary’s authority and inserting Authority ; (C) in subsection (c)(1), in the paragraph heading, by striking Secretary’s authority and inserting Authority ; and (D) in subsection (c)(2), by striking Secretary’s debarment and inserting debarment ; (5) in section 301 ( 42 U.S.C. 14931 )— (A) in subsection (a)(1)— (i) by striking , if the Secretary of State— and inserting if the Office— ; and (ii) in subparagraph (B) by striking Act and inserting chapter ; and (B) in subsections (b) and (c), by striking the Secretary of State in each place such term appears and inserting the Ambassador ; (6) in section 303 ( 42 U.S.C. 14933 ), by striking the Secretary of State in each place such term appears and inserting the Ambassador ; and (7) in section 403 ( 42 U.S.C. 14943 ), by amending subsection (b)(3) to read as follows: (b) Assessment of Fees (1) In general The Ambassador may charge a fee for new or enhanced services that will be undertaken by the Office to meet the requirements of this Act with respect to— (A) intercountry adoptions under the Convention; and (B) comparable services with respect to other intercountry adoptions. (2) Fees Any fee charged in accordance with paragraph (1)— (A) shall be prescribed by regulation and shall not exceed the cost of such services; and (B) shall be retained and deposited as an offsetting collection to any appropriation for the Office to recover the costs of providing such services. . 104. Amendment to the Immigration and Nationality Act Section 204(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1154(d)(2) ) is amended by striking Secretary of State and inserting Ambassador at Large for Children in Family Security . II Supporting children in adversity 201. Special Advisor for Children in Adversity Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (B) by inserting after paragraph (2) the following: (3) Children in adversity The term children in adversity means children who are experiencing conditions of serious deprivation and danger, including children who are— (A) living without, or at risk of living without, family care; (B) experiencing violence; (C) affected by, or emerging from, armed conflict or humanitarian crises; (D) living with disabilities; (E) orphans; or (F) otherwise vulnerable, including because of HIV/AIDS, acute illness, or premature birth. ; (2) in subsection (c)— (A) by striking orphans and other vulnerable children each place such phrase appears and inserting children in adversity ; and (B) in paragraph (5), by striking orphans, other vulnerable children, and inserting children in adversity ; (3) in subsection (d)(1), by striking orphans and other vulnerable children. and inserting children in adversity. ; and (4) in subsection (e)— (A) in the subsection heading, by striking Special Advisor for Assistance to Orphans and Vulnerable Children and inserting Special Advisor for Children in Adversity ; (B) in paragraphs (1) and (2), by striking Special Advisor for Assistance to Orphans and Vulnerable Children each place such phrase appears and inserting Special Advisor for Children in Adversity ; and (C) in paragraph (2), by striking orphans and other vulnerable children each place such phrase appears and inserting children in adversity . 202. Coordination with the Office of Children in Family Security Section 137(a)(4)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152k(a)(4)(A) ) is amended by inserting , including the Office of Children in Family Security before the semicolon. III Funding; rules of construction; effective date 301. Funding (a) In general This Act, and the amendments made by this Act, shall be carried out using appropriations authorized under section 403 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14943 ) and using amounts otherwise available for the purposes of this Act, including unobligated balances of funds appropriated to carry out activities under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). Nothing in this Act may be construed as prohibiting the appropriation of funds to carry out this Act or any amendments made by this Act. (b) Limitations on use of funds No funds obligated or appropriated in accordance with this Act may be provided for advocating for building, renovating, or refurbishing residential facilities that provide institutional care or family-like group homes. 302. Rules of construction Nothing in this Act may be construed— (1) to preclude advocacy for the provision of funds obligated or appropriations for in-kind assistance, stipends, or subsidies for the care of children in adversity, children with disabilities, or other children requiring increased levels of care, including children with chronic antisocial behavior, emotional disturbance, and delinquency; (2) to be related to locations such as correctional facilities to the extent that the situation of the children concerned, the deprivation of liberty consequent to alleged or proven violation of the law, is covered by juvenile justice standards; (3) to abrogate or amend the meaning of residential care as defined in section 137(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152k ); or (4) to be related to any provision of Federal law or regulation regarding international abduction in effect at the date of the enactment of this Act. 303. Effective date of title I Title I and the amendments made by title I take effect on the date that is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3280is/xml/BILLS-117s3280is.xml |
117-s-3281 | II 117th CONGRESS 1st Session S. 3281 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Blumenthal (for himself and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Bill Emerson Good Samaritan Food Donation Act to clarify and expand food donation, and for other purposes.
1. Short title This Act may be cited as the Food Donation Improvement Act of 2021 . 2. Bill Emerson Good Samaritan Food Donation Act The Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting or is charged a good Samaritan reduced price before the period at the end; (B) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (C) by inserting after paragraph (5) the following: (6) Good Samaritan reduced price The term good Samaritan reduced price means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, and distributing the apparently wholesome food or apparently fit grocery product. ; and (D) by adding at the end the following: (12) Qualified direct donor The term qualified direct donor means a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, and institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). ; and (2) in subsection (c)— (A) in paragraphs (1) and (2), by inserting at zero cost or at a good Samaritan reduced price after needy individuals each place it appears; (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: (3) Direct donations to needy individuals A qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual. ; and (D) in paragraph (4) (as so redesignated), by striking and (2) and inserting through (3) . 3. Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations that clarify the quality and labeling standards that food products donated under the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 ) must meet to be eligible for liability protection under that Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3281is/xml/BILLS-117s3281is.xml |
117-s-3282 | II 117th CONGRESS 1st Session S. 3282 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Kelly (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act and the Safe Drinking Water Act to authorize grants for smart water infrastructure technology, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Water Infrastructure Modernization Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. TITLE I—Wastewater Infrastructure Sec. 101. Smart wastewater infrastructure technology for treatment works. TITLE II—Drinking water infrastructure Sec. 201. Smart water infrastructure technology for drinking water. 2. Purposes The purposes of this Act are— (1) to upgrade and modernize the drinking water, wastewater, and stormwater systems of the United States, tackle new contaminants, and support drinking water infrastructure across the United States; (2) to support the modernization of the publicly owned treatment works of the United States to maintain reliable and affordable water quality infrastructure that addresses demand impacts, including resiliency, to improve public health and natural resources; (3) to support the modernization of the drinking water infrastructure and management systems of the United States to maintain reliable, resilient, and affordable drinking water infrastructure and ensure the protection of public health; and (4) to encourage the use of water-efficient technologies to address drought and prepare for the growing strain that population growth and climate change will have on over-allocated water supplies. I Wastewater Infrastructure 101. Smart wastewater infrastructure technology for treatment works Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 et seq. ) is amended by adding at the end the following: 228. Smart wastewater infrastructure technology (a) Grants Subject to the availability of appropriations, the Administrator shall make direct grants to owners and operators of publicly owned treatment works for planning, design, construction, implementation, and operations training relating to— (1) intelligent wastewater collection systems and stormwater management operations, including technologies that rely on— (A) real-time monitoring, embedded intelligence, and predictive maintenance capabilities that improve the energy efficiency, reliability, and resiliency of wastewater pumping systems; (B) real-time sensors that provide continuous monitoring of water quality in stormwater and wastewater collection systems to support the optimization of those stormwater and wastewater collection systems; and (C) the use of artificial intelligence and other intelligent optimization tools that reduce operational costs, including operational costs relating to energy consumption and chemical treatment; and (2) innovative and alternative combined sewer and stormwater control projects, including groundwater banking, that rely on real-time data acquisition to support predictive aquifer recharge through water reuse and stormwater management capabilities. (b) Program implementation (1) Selection (A) Application The owner or operator of a publicly owned treatment works seeking a grant under subsection (a) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Guidance Not later than 30 days after the date of enactment of this section, the Administrator shall issue guidance to owners and operators of publicly owned treatment works on how to submit an application under subparagraph (A). (C) Selection Not later than 30 days after the date on which the owner or operator of a publicly owned treatment works seeking a grant under subsection (a) submits an application under subparagraph (A), the Administrator shall determine whether to approve or deny the application. (D) Deficient applications If the Administrator determines that an application submitted under subparagraph (A) is deficient, the Administrator shall— (i) advise the applicant of the deficiency; and (ii) provide an opportunity for the applicant to resubmit the application. (2) Disbursement If the Administrator approves an application under paragraph (1)(C), the Administrator shall disburse grant funds not later than 60 days after the date of the determination. (c) Cost-Share (1) In general Except as provided in paragraph (2), the non-Federal share of an activity carried out using a grant under subsection (a) shall be 25 percent. (2) Waiver The Administrator may waive the cost-share requirement under paragraph (1) if the Administrator determines that the cost-share requirement would be financially unreasonable due to the inability of a community being served by the publicly owned treatment works for which the grant is sought to comply with the cost-share requirement. (d) Compliance with Buy America Section 608 shall apply to grant funds under this section. (e) Report to Congress (1) In general Not later than 180 days after the date of enactment of this section, and not less frequently than annually thereafter, the Administrator shall submit to Congress a report that— (A) describes— (i) the projects awarded grants under subsection (a); and (ii) the improvements in the resiliency of publicly owned treatment works that resulted from the grants awarded under subsection (a); and (B) includes any recommendations of the Administrator to improve the ability of grants under subsection (a) to achieve the purposes described in section 2 of the Water Infrastructure Modernization Act of 2021 . (2) Initial report The initial report required under paragraph (1) shall include a description of the implementation of this section, including a description of— (A) the projects approved for a grant under subsection (a); (B) the projects denied a grant under subsection (a); and (C) for the projects described in subparagraph (B), a description of the reasons for which each project was denied a grant. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2023 through 2027, to remain available until expended. (2) Set-asides (A) Rural communities Of the amounts made available under paragraph (1), the Administrator shall use not more than 20 percent to make grants to owners and operators of publicly owned treatment works that serve communities with a population of not more than 10,000 individuals. (B) Tribal communities Of the amounts made available under subparagraph (A), the Administrator shall use not less than 10 percent to make grants to owners and operators of publicly owned treatment works that serve Indian Tribes. . II Drinking water infrastructure 201. Smart water infrastructure technology for drinking water Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) is amended— (1) in subsection (m)(1), by striking subsections (a)(2)(G) and (t) and inserting subsections (a)(2)(G), (t), and (u) ; and (2) by adding at the end the following: (u) Smart water infrastructure technology (1) Grants Subject to the availability of appropriations, the Administrator shall make direct grants to the owners or operators of community water systems for purposes of the planning of, design of, construction of, implementation of, and operations training relating to— (A) smart water network technologies that— (i) can identify water losses from conveyance facilities in a nondestructive or nondisruptive manner, including acoustic data collection; and (ii) provide— (I) comprehensive data on pipeline integrity that document the presence of leaks or gas pockets; and (II) information on the extent of such leaks or gas pockets, with an emphasis on detecting weakness of, vulnerability of, or damage to pipe barrels, pipe joints, or other pipe features; (B) real-time sensing technologies, including the use of advanced analytics, that detect and alert operators to leakages and pipeline bursts on a real-time basis, including persistent sensor networks capable of measuring— (i) acoustic signals; (ii) pressure transient; or (iii) water quality; (C) real-time decision support that integrates sources of data about water distribution networks to deliver common operations information relying on data analytics that can improve operational decisionmaking, including nonrevenue water loss, energy optimization, and water quality improvement; (D) advanced metering infrastructure, including meter data analytics and ratepayer technology— (i) to improve end user conservation; and (ii) in support of disadvantaged communities; (E) resilient water supply projects that may provide real-time monitoring of weather patterns and impacts on water supply and flood protection reservoirs and dams that enhance operations, including— (i) improved water supply reliability and management; (ii) protection of natural resources, including fisheries; and (iii) temperature control; and (F) innovative and alternative water supply projects, including groundwater banking, that rely on real-time data acquisition to support predictive aquifer recharge through water reuse and stormwater management capabilities. (2) Program implementation (A) Selection (i) Application The owner or operator of a community water system seeking a grant under paragraph (1) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (ii) Guidance Not later than 30 days after the date of enactment of this subsection, the Administrator shall issue guidance to owners and operators of community water systems on how to submit an application under clause (i). (iii) Selection Not later than 30 days after the date on which the owner or operator of a community water system seeking a grant under paragraph (1) submits an application under clause (i), the Administrator shall determine whether to approve or deny the application. (iv) Deficient applications If the Administrator determines that an application submitted under clause (i) is deficient, the Administrator shall— (I) advise the applicant of the deficiency; and (II) provide an opportunity for the applicant to resubmit the application. (B) Disbursement If the Administrator approves an application under subparagraph (A)(iii), the Administrator shall disburse grant funds not later than 60 days after the date of the determination. (3) Cost-share (A) In general Except as provided in subparagraph (B), the non-Federal share of an activity carried out using a grant under paragraph (1) shall be 25 percent. (B) Exception The Administrator may waive the cost-share requirement under subparagraph (A) if the grant recipient is or serves a disadvantaged community (as defined in subsection (d)(3)). (4) Compliance with Buy America Subsection (a)(4) shall apply to grant funds under this subsection, without regard to the fiscal year limitation in subparagraph (A) of that subsection. (5) Report to Congress (A) In general Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to Congress a report that— (i) describes the projects awarded grants under paragraph (1) during the applicable reporting period; and (ii) includes any recommendations of the Administrator to improve the ability of grants under paragraph (1) to achieve the purposes described in section 2 of the Water Infrastructure Modernization Act of 2021 . (B) Initial report The initial report required under subparagraph (A) shall include a description of the implementation of this subsection, including a description of— (i) the projects approved for a grant under paragraph (1); (ii) the projects denied a grant under paragraph (1); and (iii) for the projects described in clause (ii), a description of the reasons for which each project was denied a grant. (6) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $25,000,000 for the period of fiscal years 2023 through 2027, to remain available until expended. (B) Set-asides (i) Rural communities Of the amounts made available under subparagraph (A), the Administrator shall use not more than 20 percent to make grants to owners and operators of community water systems that serve a population of not more than 10,000 individuals. (ii) Tribal communities Of the amounts made available under subparagraph (A), the Administrator shall use not less than 10 percent to make grants to owners and operators of community water systems that serve Indian Tribes. . | https://www.govinfo.gov/content/pkg/BILLS-117s3282is/xml/BILLS-117s3282is.xml |
117-s-3283 | II 117th CONGRESS 1st Session S. 3283 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Booker (for himself, Mrs. Gillibrand , Mr. Sanders , Ms. Warren , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes.
1. Short title This Act may be cited as the Protect America's Children from Toxic Pesticides Act . 2. Findings Congress finds that— (1) the Environmental Protection Agency (referred to in this section as the EPA ) regularly fails to incorporate updated scientific understanding to protect human health and the environment from the harmful effects of pesticide products, as envisioned by the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ), resulting in the use of billions of pounds of pesticides every year that were approved based on outdated science; (2) the United States lags behind the European Union and other developed nations in protecting its people and its environment from toxic chemicals, allowing the use of 72 pesticides that have been banned or are being phased out in the European Union alone; (3) the EPA registers nearly 65 percent of pesticides through conditional registrations and frequently waives requirements to extend the use of conditional registrations prior to completion of comprehensive registration; (4) the EPA permits the continued sale of potentially dangerous stocks of pesticides after registration has been canceled, suspended, or otherwise voided; (5) the EPA uses emergency exemptions to keep pesticides on the market for years without undergoing a comprehensive registration process that would ensure the safe use of the pesticides; (6) the EPA is prohibited from requiring the disclosure of inert ingredients, even though inert ingredients can account for 99 percent of a pesticide product and include carcinogenic and toxic chemicals; (7) scientists have repeatedly linked exposure to organophosphate pesticides to neurodevelopmental damage in children; (8) the United States Fish and Wildlife Service and the National Marine Fisheries Service have determined that organophosphate pesticides jeopardize the survival of 97 percent of endangered species; (9) neonicotinoid pesticides are contributing to the rapid decline of pollinators and the deterioration of pollinator health, including impaired foraging behavior and increased susceptibility to viruses, diseases, and parasites; (10) exposure to paraquat— (A) causes heart failure, kidney failure, liver failure, lung scarring, and damage to brain cells; and (B) greatly increases the risk of developing Parkinson’s disease; (11) local communities have been blocked by States from enacting pesticide restrictions to protect people and environment from toxic chemicals; and (12) farmworkers are— (A) disproportionately exposed to and harmed by pesticide use; and (B) afforded inadequate safeguards and far less protection than industrial workers. 3. Ending indefinite delays on review of dangerous pesticides (a) Definitions (1) In general Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— (A) by striking subsection (z) and inserting the following: (z) Registration The term registration means the approval of an active ingredient or pesticide product under this Act— (1) that has not previously been registered under this Act; or (2) for a crop or use for which the active ingredient or pesticide has not previously been registered under this Act. ; (B) by redesignating subsections (aa) through (oo) as subsections (bb) through (pp), respectively; and (C) by inserting after subsection (z) the following: (aa) Registration review determination (1) In general The term registration review determination means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient— (A) for an additional 15-year period from the date of the previous registration, reregistration, or registration review determination, as applicable; and (B) in compliance with all applicable laws and regulations. (2) Exclusion The term registration review determination does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the Administrator. . (2) Conforming amendments (A) Section 2(e)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136(e)(1) ) is amended by striking subsection (ee) and inserting subsection (ff) . (B) Section 3(h)(3)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(h)(3)(E) ) is amended by striking section 2(mm) and inserting section 2(nn) . (C) Section 33(b)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8(b)(3) ) is amended— (i) by striking §2(mm) each place it appears and inserting section 2(nn) ; and (ii) by striking Section 2(ll)(2) and inserting section 2(mm)(2) . (b) Suspension of dangerous pesticides on failure To complete registration review on time Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a–1 ) is amended by adding at the end the following: (o) Suspension of dangerous pesticides on failure To complete registration review on time (1) Definition of dangerous pesticide In this subsection, the term dangerous pesticide means an active ingredient or pesticide product that may— (A) be carcinogenic; (B) be acutely toxic; (C) be an endocrine disruptor; (D) cause harm to a pregnant woman or a fetus; or (E) cause neurological or developmental harm. (2) Petitions to designate dangerous pesticides (A) In general An interested person may submit a petition under section 553(e) of title 5, United States Code, to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection. (B) Review On receipt of a petition under subparagraph (A), the Administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide. (3) Initial findings (A) In general Not later than 90 days after the receipt of a petition described in paragraph (2)(A), the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted. (B) Failure to review petition If the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide. (C) Full consideration of all science (i) In general In making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph (A), the Administrator shall fully consider all relevant evidence, including— (I) epidemiological studies or data; (II) peer-reviewed literature; and (III) data generated by— (aa) a Federal or State agency; or (bb) an agency of a foreign government. (ii) Requirement The Administrator shall not discount or ignore information provided in a petition described in paragraph (2)(A) based on any criteria under part 152 or 160 of title 40, Code of Federal Regulations (or successor regulations). (4) Suspensions of pesticide (A) In general Notwithstanding any other provision of law, on a finding under paragraph (3)(A) that an active ingredient or pesticide product may warrant designation as a dangerous pesticide, or on operation of paragraph (3)(B), the Administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the 15-year period ending on the date of that finding or operation. (B) Duration The registration of an active ingredient or pesticide product suspended under subparagraph (A) shall remain suspended until such time as the Administrator makes a registration review determination in accordance with this section. (5) Existing stocks In accordance with section 6(a)(1), the Administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph (4). (6) Cancellation Notwithstanding any other provision of law, including section 6(b), if the Administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than 60 days after any deadline described in this subsection— (A) the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings; and (B) in accordance with section 6(a)(1), the sale of existing stocks of the active ingredient or pesticide product shall be prohibited. (7) Inapplicability of IREDS Notwithstanding any other provision of law, an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection. . 4. Emergency review of pesticides banned in other nations Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d ) is amended by adding at the end the following: (i) Suspension and expedited review of banned pesticides (1) Suspension of banned pesticides The Administrator shall immediately suspend the registration of any active ingredient or pesticide product that is— (A) banned or otherwise prohibited from entering the market by the European Union, 1 or more countries in the European Union, or Canada; and (B) registered for use within the United States. (2) Expedited review The Administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the European Union or a country described in paragraph (1)(A). (3) Cancellation (A) In general Notwithstanding any other provision of law, including section 6(b), unless the Administrator determines after a review under paragraph (2) that the decision to ban a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous, the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review. (B) Full consideration of all science (i) In general In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall fully consider all relevant evidence, including— (I) epidemiological studies or data; (II) peer-reviewed literature; and (III) data generated by— (aa) a State or Federal agency; or (bb) an agency of a foreign government. (ii) Treatment of information Notwithstanding any requirements or criteria under parts 152 and 160 of title 40, Code of Federal Regulations (or successor regulations), the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i). (C) Consideration of economic cost prohibited In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide. (D) Public comment Prior to making a final determination under subparagraph (A), the Administrator shall provide a draft determination for not less than 90 days of public comment. . 5. Ensuring accountability in conditional registrations (a) In general Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(7) ) is amended by striking subparagraph (C) and inserting the following: (C) Time limits on conditional registrations (i) In general Notwithstanding any other provision of this subsection or section 6(e), the Administrator shall provide not longer than 2 years for the terms and requirements of any conditional registration under this paragraph to be met by the registrant. (ii) Cancellation The Administrator shall cancel a conditional registration under this paragraph unless the registrant fully complies with all conditions by the earlier of— (I) all deadlines established by the Administrator; and (II) 2 years after the effective date of the conditional registration. (iii) Existing conditional registrations Notwithstanding any other provision of law, as of the date of enactment of this clause, each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled. (iv) Reports (I) In general Not later than December 31 of each calendar year, the Administrator shall submit to Congress an annual report describing the total number of conditional registrations under this paragraph that were registered during the immediately preceding fiscal year. (II) Contents A report under subclause (I) shall include a description of— (aa) each conditionally registered pesticide and the conditions imposed, including any modification of those conditions; and (bb) the quantity produced of each pesticide described in item (aa). . (b) Conforming amendment Section 6(e) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d(e) ) is amended— (1) in paragraph (1), by striking the last sentence and inserting The Administrator shall not permit the continued sale and use of existing stocks of a pesticide the conditional registration of which has been canceled. ; and (2) in paragraph (2), in the third sentence, by striking , and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act . 6. Prohibition on the sale or use of existing stocks of suspended or canceled pesticides Section 6(a) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d(a) ) is amended by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: (a) Prohibition on the sale or use of existing stocks; information (1) Existing stocks The Administrator shall not permit the continued sale or use of existing stocks of a pesticide the registration of which is— (A) suspended or canceled under this section or section 3 or 4; or (B) vacated or set aside by judicial decree. . 7. Ending abuse of emergency exemptions Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136p ) is amended— (1) in the first sentence, by striking The Administrator and inserting the following: (a) In general The Administrator ; (2) in subsection (a) (as so designated), in the second sentence, by striking The Administrator and inserting the following: (b) Consultation The Administrator ; and (3) by adding at the end the following: (c) Limitations on emergency exemptions Notwithstanding any other provision of law, the Administrator shall not grant an emergency exemption under subsection (a) for the same active ingredient or pesticide product in the same location for more than 2 years in any 10-year period. (d) Restrictions on unregistered pesticides The Administrator shall not grant an emergency exemption under subsection (a) to use an active ingredient or pesticide product that is not registered under section 3 for any use. (e) Restrictions on conditional pesticides The Administrator shall not grant an emergency exemption under subsection (a) for any active ingredient or pesticide product that is registered conditionally under section 3(c)(7)(A). . 8. Adding transparency for inert ingredients (a) Definition of ingredient statement Section 2(n) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136(n) ) is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by striking paragraph (1) and inserting the following: (1) the name and percentage of each active ingredient in the pesticide product; (2) the name and percentage of each inert ingredient in the pesticide product; (3) if applicable, a statement that the pesticide product contains an inert ingredient determined by a State or Federal agency, or the Administrator based on epidemiological data or peer-reviewed literature, to be likely— (A) to be carcinogenic; (B) to be an endocrine disruptor; (C) to be acutely toxic; (D) to cause harm to pregnant women or fetuses; or (E) to cause neurological or developmental harm; and . (b) Complete list of inert ingredients Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(9) ) is amended by adding at the end the following: (E) Complete list of inert ingredients Notwithstanding any other provision of law, the label or labeling required under this Act shall provide a complete list of inert ingredients. . (c) Conforming amendment Section 10(d) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136h(d) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by adding or at the end; (B) in subparagraph (B), by striking or at the end; and (C) by striking subparagraph (C); and (2) in paragraph (3), by striking clause (A), (B), or (C) each place it appears and inserting subparagraph (A) or (B) . 9. Cancellation of registration of organophosphates Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d ) (as amended by section 4) is amended by adding at the end the following: (j) Cancellation of registration of organophosphate pesticides (1) In general (A) Cancellation Effective on the date of enactment of this subsection— (i) all pesticides of the class organophosphate shall be deemed to generally cause unreasonable adverse effects to humans; and (ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of pesticides of the class organophosphate shall be immediately and permanently canceled by operation of law and without further proceedings. (B) Revocation of tolerances and exemptions Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 346a(b)(1)(B) ), revoke any tolerance or exemption that allows the presence of an organophosphate, or any pesticide chemical residue that results from organophosphate use, in or on food. (2) Sale of existing stocks prohibited In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of pesticides of the class organophosphate shall be prohibited. (3) No future organophosphate registrations Effective on the date of enactment of this subsection, the Administrator may not register any pesticide of the class organophosphate under section 4. (4) Ineligibility for emergency use Notwithstanding any other provision of law, a pesticide canceled under this subsection shall not be eligible for use under section 18. . 10. Cancellation of registration of neonicotinoids Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d ) (as amended by section 9) is amended by adding at the end the following: (k) Cancellation of registration of neonicotinoid pesticides (1) In general (A) Cancellation Effective on the date of enactment of this subsection— (i) all active ingredients and pesticide products containing 1 or more of the active ingredients imidacloprid, clothianidin, thiamethoxam, dinotefuran, acetamiprid, sulfoxaflor, and flupyradifurone (referred to in this subsection as neonicotinoid pesticides ) shall be deemed to generally cause unreasonable adverse effects to the environment; and (ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings. (B) Revocation of tolerances and exemptions Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 346a(b)(1)(B) ), revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide, or any pesticide chemical residue that results from neonicotinoid pesticide use, in or on food. (2) Sale of existing stocks prohibited In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of neonicotinoid pesticides shall be prohibited. (3) No future neonicotinoid registrations Effective on the date of enactment of this subsection, the Administrator may not register any neonicotinoid pesticide under section 4. (4) Ineligibility for emergency use Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18. . 11. Cancellation of registration of paraquat Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d ) (as amended by section 10) is amended by adding at the end the following: (l) Cancellation of registration of paraquat (1) In general (A) Cancellation Effective on the date of enactment of this subsection— (i) paraquat shall be deemed to generally cause unreasonable adverse effects to humans; and (ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of paraquat shall be immediately and permanently canceled by operation of law and without further proceedings. (B) Revocation of tolerances and exemptions Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 346a(b)(1)(B) ), revoke any tolerance or exemption that allows the presence of paraquat, or any pesticide chemical residue that results from paraquat use, in or on food. (2) Sale of existing stocks prohibited In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of paraquat shall be prohibited. (3) No future paraquat registrations Effective on the date of enactment of this subsection, the Administrator may not register any paraquat pesticide under section 4. (4) Ineligibility for emergency use Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18. . 12. Empowering communities to protect themselves from pesticides (a) In general Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136v ) is amended— (1) in subsection (a)— (A) by inserting , or any political subdivision of a State, after A State ; and (B) by inserting or political subdivision after the State ; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). (b) Conforming amendment Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(5) ) is amended, in the fourth sentence of the undesignated matter following subparagraph (D), by striking 24(c) of this Act and inserting 24(b) . 13. Protecting farmworkers from dangerous pesticides (a) Language requirements for pesticide products Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(9) ) (as amended by section 8(b)) is amended by adding at the end the following: (F) Language requirements for pesticide products (i) In general The label for any pesticide product shall be printed in both English and Spanish. (ii) Other languages In a case in which information exists that a pesticide product is used in agriculture by more than 500 individual persons or applicators who speak the same language other than English or Spanish, the Administrator shall provide a translation of that label in the language used by those individuals on the website of the Environmental Protection Agency. (iii) Educational information The Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages. . (b) Farmworker safety The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by adding at the end the following: 36. Farmworker safety (a) Definitions In this section: (1) Farmworker The term farmworker means an individual of any age that is employed in agriculture, including as a pesticide user or applicator, for any length of time, including migrant and seasonal employees, regardless of classification as a full-time, part-time, or contract employee. (2) Farmworker incident The term farmworker incident means exposure of a farmworker to an active ingredient, a pesticide product, a tank mixture of multiple pesticides, a metabolite, or a degradate that results in— (A) an illness or injury— (i) requiring medical attention or hospitalization of the farmworker; or (ii) that requires the farmworker to stop working temporarily or permanently; (B) a permanent disability or loss in function of the farmworker; or (C) death of the farmworker. (b) Mandatory duty To report (1) In general Whenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator. (2) Online system (A) In general Not later than 60 days after the date of enactment of this section, the Administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents. (B) Requirements The online system under subparagraph (A) shall include, at a minimum, a description of, with respect to each farmworker incident— (i) the time and location; (ii) the name of each active ingredient and pesticide product involved; (iii) whether such a pesticide was applied in accordance with the label instructions; (iv) the harm that resulted to any affected farmworker; (v) the nature of any medical care that was sought by any affected farmworker; and (vi) any other pertinent information. (C) Anonymous reporting The Administrator shall ensure that the online system under subparagraph (A) allows for anonymous reporting to protect farmworkers from retaliation. (c) Penalties for failure To report (1) Civil penalties An employer described in subsection (b)(1) that fails to report a farmworker incident shall be fined $1,000 per day beginning on the 8th day after the farmworker incident occurs. (2) Criminal penalties An employer described in subsection (b)(1) that knowingly fails to report a farmworker incident, or that otherwise pressures or coerces a farmworker to not report a farmworker incident, shall be liable for a criminal penalty of up to $100,000, 6 months in prison, or both. (3) Rewards The Administrator shall implement a reward system that a provides monetary award of not less than $25,000 per person per farmworker incident that leads to the identification of 1 or more employers that have failed to report a farmworker incident. (4) Retaliation (A) In general Any person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than $100,000, 6 months in prison, or both. (B) Immigration status No Federal agency shall take any action regarding the immigration legal status within the United States of a farmworker, including initiating removal proceedings or any other prosecution of the farmworker, based solely on any information derived from the reporting or investigation of a farmworker incident. (d) Preventing future harm to farmworkers (1) In general Not later than 15 days after the receipt of a report of a farmworker incident, the Administrator shall transmit a report prepared by the Administrator of the farmworker incident to— (A) the manufacturer of each involved pesticide product; and (B) the manufacturer of each involved active ingredient or ingredients. (2) Suspension Notwithstanding any other provision of law, if a farmworker incident results in the death of a farmworker, the pesticide product or active ingredient that caused the death shall be immediately suspended, pending the review required by this section. (3) Assessments (A) Pesticide product manufacturer Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of the pesticide product shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. (B) Assessment by active ingredient manufacturer Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of each involved pesticide active ingredient shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. (4) Determinations by Administrator (A) Draft determination (i) In general Not later than the earlier of 90 days after the receipt of an assessment required by paragraph (3) and 180 days after the occurrence of the farmworker incident, the Administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted. (ii) Publication The Administrator shall publish a determination under clause (i) in the Federal Register for a period of 30 days for public notice and comment. (B) Final determination Not later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall— (i) make a final determination as to whether the label of the pesticide product should be changed; and (ii) publish that final determination in the Federal Register. (5) Cancellations (A) failure to change label Notwithstanding any other provision of law, including section 6(b), if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the Administrator under paragraph (4)(B), the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. (B) Cancellation for failure to comply Notwithstanding any other provision of law, including section 6(b), if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section, the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. (e) Accounting for farmworker incidents during registration review (1) In general Notwithstanding any other provision of law, if a pesticide product or active ingredient is responsible for not fewer than 10 farmworker incidents of any type, or not fewer than 3 farmworker incidents resulting in death, and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding 15-year period, the Administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide. (2) Reports The Administrator shall— (A) include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph (1) a full and complete report describing each farmworker incident that has occurred during the period covered by the report; and (B) (i) require label changes to prevent farmworker incidents from occurring in the future; or (ii) explain why no label changes under clause (i) are warranted. . 14. Authority To bring civil action Section 16 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136n ) is amended by adding at the end the following: (e) Authority To bring civil action (1) In general Any person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this Act. (2) Jurisdiction The district courts of the United States shall have exclusive jurisdiction over a civil action brought pursuant to paragraph (1). . 15. Employee protection The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) (as amended by section 13(b)) is amended by adding at the end the following: 37. Employee protection (a) Prohibition No employer may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)— (1) has commenced, has caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act; (2) has testified or is about to testify in any proceeding described in paragraph (1); or (3) has assisted or participated or is about to assist or participate in any manner in— (A) any proceeding described in paragraph (1); or (B) any other action to carry out the purposes of this Act. (b) Remedy (1) Filing of complaint Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 30 days after the date on which the alleged violation occurs, file (or have any person file on behalf of the employee) a complaint with the Secretary of Labor (referred to in this section as the Secretary ) alleging that discharge or discrimination. (2) Notification On receipt of a complaint filed under paragraph (1), the Secretary shall notify the person named in the complaint of the filing of the complaint. (3) Investigations (A) In general On receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. (B) Results Not later than 30 days after the date on which the Secretary receives a complaint filed under paragraph (1), the Secretary shall— (i) complete the investigation under subparagraph (A); and (ii) notify in writing the complainant (and any person acting on behalf of the complainant) and the person alleged to have committed the applicable violation of the results of that investigation. (4) Orders (A) In general Not later than 90 days after the date on which the Secretary receives a complaint filed under paragraph (1), unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed the applicable violation, the Secretary shall issue an order— (i) providing the relief described in paragraph (5); or (ii) denying the complaint. (B) Notice and opportunity for hearing An order of the Secretary under subparagraph (A) shall be made on the record after notice and opportunity for agency hearing. (C) Settlements The Secretary may not enter into a settlement terminating a proceeding on a complaint filed under paragraph (1) without the participation and consent of the complainant. (5) Relief If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall issue an order— (A) requiring the person who committed the violation— (i) to take affirmative action to abate the violation; and (ii) if the complainant was discharged by the person committing the violation, to reinstate the complainant to the complainant’s former position, with the compensation (including back pay), terms, conditions, and privileges of the complainant’s employment; and (B) assessing against the person who committed the violation— (i) compensatory damages; (ii) if appropriate, exemplary damages; and (iii) at the request of the complainant, a sum equal to the aggregate amount of all costs and expenses (including attorney’s fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint. (c) Judicial review (1) In general Any employee or employer adversely affected or aggrieved by an order issued under subsection (b) may obtain review of the order in the court of appeals of the United States for the judicial circuit in which the violation with respect to which the order is issued allegedly occurred. (2) Petition A petition for review under paragraph (1) shall be filed not later than 60 days after the date on which the applicable order is issued under subsection (b). (3) Applicable law Judicial review under paragraph (1) shall be in accordance with chapter 7 of title 5, United States Code. (4) Exclusive review An order of the Secretary with respect to which judicial review may be or may have been obtained under paragraph (1) shall not be subject to judicial review in— (A) a criminal proceeding; or (B) a civil proceeding under any other provision of law. (d) Enforcement (1) In general If a person fails to comply with an order issued under subsection (b), the Secretary shall bring a civil action in the district court of the United States for the judicial district in which the violation is determined to occur to enforce that order. (2) Jurisdiction In a civil action brought under paragraph (1), a district court of the United States shall have jurisdiction to grant all appropriate relief, including injunctive relief, compensatory damages, and exemplary damages. (e) Exclusion Subsection (a) shall not apply with respect to any employee who, acting without direction from the employee’s employer (or any agent of the employer), deliberately causes a violation of any requirement of this Act. . | https://www.govinfo.gov/content/pkg/BILLS-117s3283is/xml/BILLS-117s3283is.xml |
117-s-3284 | II 117th CONGRESS 1st Session S. 3284 IN THE SENATE OF THE UNITED STATES November 30, 2021 Ms. Rosen (for herself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to establish a toll-free telephone helpline for veterans and other eligible individuals to use to obtain information about the benefits and services provided by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Veterans Assistance Helpline Act of 2021 . 2. Telephone helpline for assistance for veterans and other eligible individuals (a) Establishment of helpline (1) In general The Secretary shall establish a toll-free telephone helpline that a covered individual may use to obtain information about, or through which a covered individual may be directed to, any service or benefit provided under a law administered by the Secretary, including any service provided by the Department of Veterans Affairs in the area in which the covered individual is located. (2) Contract for direction of calls authorized The Secretary may, in coordination with the Commission, enter into a contract with an third-party to direct calls made to the toll-free helpline established under paragraph (1) to the appropriate person regarding a service or benefit described in that paragraph. (3) Live individual required The Secretary, in coordination with the Commission, shall ensure that a covered individual using the telephone helpline established under paragraph (1) speaks with a live individual rather than a recording. (b) Study and report required Not later than one year after the date of the enactment of this Act, the Secretary shall, in coordination with the Commission— (1) complete a study to assess the feasibility and advisability of designating a covered dialing code for the purposes of reaching the toll-free telephone helpline established under subsection (a)(1); and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veteran's Affairs of the House of Representatives a report on the findings of the Commission with respect to the study completed under subparagraph (A). (c) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered dialing code The term covered dialing code means a simple, easy-to-remember, 3-digit dialing code. (3) Covered individual The term covered individual means— (A) a veteran; (B) an individual acting on behalf of a veteran; or (C) an individual, other than a veteran, who is eligible to receive a benefit or service under a law administered by the Secretary. (4) Secretary The term Secretary means the Secretary of Veterans Affairs. (5) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3284is/xml/BILLS-117s3284is.xml |
117-s-3285 | II 117th CONGRESS 1st Session S. 3285 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Booker (for himself, Mrs. Gillibrand , Mr. Blumenthal , Mr. Sanders , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve protections for meatpacking workers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting America’s Meatpacking Workers Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Reforms to protect meat and poultry processing workers Subtitle A—Department of Agriculture Sec. 101. Rule on increased line speeds at meat and poultry establishments. Subtitle B—Fair attendance policies Sec. 111. Definitions. Sec. 112. Requirements for employers relating to no fault attendance policies or attendance systems. Sec. 113. Enforcement authority. Sec. 114. Regulations. Sec. 115. Relationship to other laws. Sec. 116. Waiver of State immunity. Sec. 117. Severability. Subtitle C—Occupational Safety and Health Administration Reforms Sec. 121. Definitions. Sec. 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments. Sec. 123. Occupational safety and health standards to protect employees in covered establishments. Sec. 124. Permanent regional emphasis inspection program; expanding inspections. Sec. 125. Representatives during physical inspections. Sec. 126. Enhanced protections from retaliation. Sec. 127. Regulations to restore a column on required records of work-related musculoskeletal disorders. Sec. 128. Funding for additional OSHA inspectors. Sec. 129. OSHA reporting. Sec. 130. Private right of action. Sec. 131. Injunction proceedings. Subtitle D—Savings provision Sec. 136. Savings provision. TITLE II—Farm system reforms Sec. 201. Expanded meat and poultry processing grants. Sec. 202. Local Agriculture Market Program. Sec. 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 204. Definitions in Packers and Stockyards Act, 1921. Sec. 205. Unlawful practices. Sec. 206. Spot market purchases of livestock by packers. Sec. 207. Investigation of live poultry dealers. Sec. 208. Award of attorney fees. Sec. 209. Technical amendments. TITLE III—GAO reports Sec. 301. Review and report on fragility and national security in the food system. Sec. 302. Review and report on racial and ethnic disparities in meat and poultry processing. Sec. 303. GAO report on line speeds. 2. Findings Congress finds that— (1) meat and poultry slaughter and processing is a particularly dangerous occupation, with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries; (2) meat and poultry processing workers face double the rate of amputations as the average worker in private industry, and injuries such as sprains, lacerations, and contusions are common among poultry workers; (3) meat and poultry processing workers suffer from musculoskeletal injuries, such as carpal tunnel syndrome, trigger finger , tendinitis, rotator cuff injuries, lower back injuries, and chronic pain and numbness, in numbers that can exceed 50 percent of workers; (4) higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries; (5) meat and poultry processing work was and continues to be particularly dangerous during the Coronavirus Disease 2019 (COVID–19) pandemic due to, among other factors— (A) the easily transmissible nature of the virus via aerosol and droplet; (B) the close proximity of meat processing workers; (C) cold conditions inside meat processing facilities; and (D) the pace and physical rigor of meat and poultry processing work; (6) during the COVID–19 pandemic, covered establishments have implemented policies and procedures that have— (A) increased workers’ risk of exposure to SARS–CoV–2; (B) prioritized processing rates over worker health and welfare; and (C) caused a disparate adverse impact on Asian, Black, and Latino workers in the meat and poultry processing industry; (7) enforcement of requirements of the Occupational Safety and Health Administration in the meat and poultry processing industry has been fundamentally inadequate, especially during the COVID–19 pandemic; and (8) meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers— (A) including— (i) use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work faster and harder ; (ii) use of sexualized language to harass women workers to work harder and faster ; (iii) patterns of direct sexual harassment and incidents of sexual assault; and (iv) little or no accountability or redress for emotional, sexualized, or psychological abuse due to— (I) weak enforcement of, and noncompliance with, discrimination protections; and (II) meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse, having their employment terminated, or being reported to immigration enforcement; and (B) that lead to long-term psychological impacts, including— (i) increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines; and (ii) episodes of panic and fear by workers who were required to continue working during COVID–19 outbreaks. 3. Definitions In this Act: (1) Covered establishment The term covered establishment means— (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ). (2) Covered period The term covered period means the period beginning on the date of enactment of this Act and ending on the date that is 90 days after the date on which the COVID–19 emergency is lifted. (3) COVID–19 emergency The term COVID–19 emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (4) Employee; employer Unless otherwise specified, the terms employee and employer have the meanings given those terms in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). I Reforms to protect meat and poultry processing workers A Department of Agriculture 101. Rule on increased line speeds at meat and poultry establishments (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Service. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health. (3) Director The term Director means the Director of the National Institute for Occupational Safety and Health. (4) Secretary The term Secretary means the Secretary of Agriculture. (5) Service The term Service means the Food Safety Inspection Service. (b) Rule on waivers (1) In general Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), the Secretary, acting through the Administrator, shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment— (A) agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and (B) the Assistant Secretary or the Director certifies to the Secretary that any increases in line speed at the covered establishment would not have an adverse impact on worker safety. (2) Inspections An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include— (A) an ergonomic analysis of all jobs in the applicable covered establishment that may experience an increased work pace due to increasing the number of animals being slaughtered— (i) per minute; and (ii) per hour; (B) an assessment of the current rates of musculoskeletal disorders in the covered establishment; (C) a review of current efforts at the covered establishment to mitigate those disorders, including a review of how medical personnel at the covered establishment manage those disorders; and (D) a review of the impact of any proposed line speed increases on the pace of work for workers on the slaughter and production lines of the covered establishment (including the workers that package the meat). (3) Limitation on authority over line speeds None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. (4) Effect on state law (A) In general This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) Transparency in rulemaking With respect to each rulemaking proceeding initiated by the Administrator on or after the date of enactment of this Act, the Administrator shall comply with— (1) the data quality guidelines of the Service, which state that the Service and the offices of the Service are held to a standard of transparency to ensure that the information shared by the Service is presented in an accurate, reliable, and unbiased manner; and (2) Executive Order 13563 ( 5 U.S.C. 601 note; relating to improving regulation and regulatory review), which requires Federal agencies to provide timely online access to relevant scientific information in an open format that can easily be searched and downloaded during a proposed rulemaking. (d) Evaluation of rulemaking and policies In evaluating the impact of any future rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of— (1) current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; (2) whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and (3) whether, and the extent to which, the policy proposals will impact worker safety. (e) Reports (1) Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives, a report that— (A) describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID–19 emergency; and (B) includes an analysis of the issues described in paragraphs (1) through (12) of section 303(b). (2) Reports on implementation of rules (A) In general Not later than 1 year after the implementation of any rule relating to line speeds at covered establishments, the Secretary shall submit to Congress a report on the impact of the rule on— (i) line speeds at covered establishments; (ii) worker safety and health at covered establishments; (iii) ergonomic aspects of jobs at covered establishments; and (iv) staffing levels that will ensure worker safety at covered establishments. (B) Requirement A report under subparagraph (A) shall include— (i) the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; (ii) a determination of the industrial engineer of the number of workers needed— (I) to do each job safely; and (II) to operate the covered establishment at different line speeds; and (iii) a job crewing report prepared by the industrial engineer. B Fair attendance policies 111. Definitions In this subtitle: (1) Employee The term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (2)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (2) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce, as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 ). (II) Employee The term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (3) Legally protected leave The term legally protected leave , when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. (4) No fault attendance policy The term no fault attendance policy means a policy or pattern and practice maintained by an employer under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as demerits or occurrences ) or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. (5) Person The term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ). (6) Secretary The term Secretary means the Secretary of Labor, acting through the Administrator of the Wage and Hour Division. 112. Requirements for employers relating to no fault attendance policies or attendance systems (a) Requirements for no fault attendance policy It shall be considered an unlawful employment practice for an employer to maintain a no fault attendance policy, unless the employer complies with the following: (1) The no fault attendance policy shall be distributed in writing— (A) not later than 90 days after the date of enactment of this Act, to all employees employed by the employer as of that date of distribution; and (B) with respect to each employee hired by the employer after such date of enactment, upon the commencement of the employee's employment. (2) If any changes are made to the no fault attendance policy, the no fault attendance policy shall be distributed in writing to all employees by not later than 30 days after the date of the changes. (3) The employer shall provide employees with a means of accessing the no fault attendance policy at any physical workplace and outside of a physical workplace. (4) The no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences, which may include the assessment of points or a deduction from an allotted bank of time, for legally protected leave. (5) The no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all Federal, State, and local laws applicable to the employees that provide legally protected leave, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), and chapter 43 of title 38, United States Code. (6) The no fault attendance policy shall identify a process for employees to complete each of the following: (A) Report that an absence is for legally protected leave. (B) Provide medical documentation, if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave. (C) Seek removal of points that an employee believes were wrongly assessed, or the restoration of time that an employee believes was wrongly deducted for legally protected leave. (D) Delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline. (b) Requirements for attendance systems It shall be an unlawful employment practice for an employer to maintain any attendance system policy, or pattern and practice, that discourages employees from exercising, or attempting to exercise, any right to legally protected leave. (c) Additional prohibitions (1) Interference with rights (A) Exercise of rights It shall be an unlawful employment practice for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including— (i) discharging or discriminating against (including retaliating against) any individual for exercising, or attempting to exercise, any right provided under this subtitle; or (ii) using the taking of legally protected leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action. (B) Discrimination It shall be an unlawful employment practice for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual for opposing any practice made unlawful by this subtitle. (2) Interference with proceedings or inquiries It shall be unlawful employment practice for any person to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual— (A) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. 113. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee means an employee described in subparagraph (A) or (B) of section 111(1); and (B) the term employer means an employer described in subclause (I) or (II) of section 111(2)(A)(i). (2) Investigative authority (A) In general To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected. (B) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 112 shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 112 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 112, such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 112, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this subtitle provides to that Board, or any person, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(C). (c) Employees covered by chapter 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this subtitle provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(D). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subtitle provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(E). 114. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Equal Employment Opportunity Commission and the heads of other relevant Federal agencies, shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in subparagraph (A) or (B) of section 111(1) and other individuals affected by employers described in subclause (I) or (II) of section 111(2)(A)(i). (2) Government Accountability Office; Library of Congress The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(C) and other individuals affected by employers described in section 111(2)(A)(i)(III). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 of title 3 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(D) and other individuals affected by employers described in section 111(2)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 of title 5 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(E) and other individuals affected by employers described in section 111(2)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (e) Requirements for all regulations All regulations prescribed under this section shall— (1) be issued in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code; and (2) provide an example of a model no fault attendance policy that conforms to the requirements of this subtitle. 115. Relationship to other laws Nothing in this subtitle shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provide leave rights, whether paid or unpaid (such as sick time, family or medical leave, and time off as an accommodation). 116. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this subtitle. In any action against a State for a violation of this subtitle, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 117. Severability If any provision of this subtitle or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this subtitle and the application of that provision to other persons or circumstances shall not be affected. C Occupational Safety and Health Administration Reforms 121. Definitions In this title, the terms Secretary and State have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments (a) In general During any inspection of a covered establishment conducted pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ), the Secretary shall verify that the employer of employees working at such establishment is in compliance with the occupational safety and health standard set forth in section 1910.141 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, for employers to provide prompt access for employees to visit and use toilet facilities, including such standard as interpreted by the memorandum for regional administrators and State designees regarding Interpretation of 29 CFR. 1910.141(c)(1): Toilet Facilities issued by the Occupational Safety and Health Administration on April 6, 1998. (b) Requirements In carrying out subsection (a), the Secretary shall verify that the employer described in such subsection— (1) allows employees to leave their work locations to use a toilet facility when needed and without punishment; (2) provides an adequate number of toilet facilities for the size of the workforce to prevent long lines; (3) avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities; (4) ensures that restrictions, such as locking doors or requiring employees to sign out a key, do not cause extended delays in access to toilet facilities; and (5) compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section 785.18 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, and any other applicable Federal, State, or local law. 123. Occupational safety and health standards to protect employees in covered establishments (a) Standard for protecting employees from occupational risk factors causing musculoskeletal disorders (1) Proposed standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a proposed standard for ergonomic program management for covered establishments. Such proposed standard shall include requirements for— (A) hazard identification and ergonomic job evaluations, including requirements for employee and authorized employee representative participation in such identification; (B) hazard control, which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks, equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; (C) training for employees regarding employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and (D) medical management that includes— (i) encouraging early reporting of musculoskeletal disorder symptoms; (ii) first aid delivered by those operating under State licensing requirements; and (iii) systematic evaluation and early referral for medical attention. (2) Final standard Not later than 30 months after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). (b) Standard for protecting employees from delays in medical treatment referrals following injuries or illnesses (1) Proposed standard Not later than 3 months after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a proposed standard requiring that all employers with employees working at a covered establishment who, in accordance with the standard promulgated under section 1910.151 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, are required to have a person readily available at the establishment who is adequately trained to render first aid, shall ensure that such person— (A) without delay, refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee’s choice for such treatment; (B) provides for occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include— (i) regular review of any health and safety program, medical management program, or ergonomics program of the employer; (ii) review of any work-related injury or illness of an employee; (iii) providing onsite health services for treatment of such injury or illness; and (iv) consultation referral to a local health care provider for treating such injury or illness; and (C) complies with the licensing requirements for licensed practical nurses or registered nurses in the State in which the establishment is located. (2) Final standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). (c) Standard for protecting employees from airborne contagions (1) Emergency temporary standard for COVID–19 In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for workers at covered establishments, notwithstanding the provisions of law and the Executive orders listed in paragraph (4), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect all employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2. (2) Extension of standard Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c) ), the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under paragraph (5) is in effect. (3) State plan adoption With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), not later than 14 days after the date of enactment of this Act, such State shall promulgate an emergency temporary standard that is at least as effective in protecting employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2 as the emergency temporary standard promulgated under this subsection. (4) Inapplicable provisions of law and executive order The provisions of law and the Executive orders listed in this paragraph are as follows: (A) The requirements of chapter 6 of title 5, United States Code (commonly referred to as the Regulatory Flexibility Act ). (B) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (C) The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. ). (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (E) Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs). (5) Final standard Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act ( 29 U.S.C. 655 ), promulgate a final standard— (A) to protect employees, contractors, and temporary workers at covered establishments from occupational exposure to infectious pathogens, including airborne and novel pathogens; and (B) that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). (6) Consultation In developing the standards under this subsection, the Secretary shall consult with— (A) the Director of the Centers for Disease Control and Prevention; (B) the Director of the National Institute for Occupational Safety and Health; and (C) the professional associations and representatives of the employees, contractors, and temporary workers at covered establishments. (7) Requirements Each standard promulgated under this subsection shall include— (A) a requirement that the covered establishments— (i) develop and implement a comprehensive infectious disease exposure control plan, with the input and involvement of employees or, where applicable, the representatives of employees, as appropriate, to address the risk of occupational exposure; (ii) record and report each work-related COVID–19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), and section 129 of this Act; and (iii) reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety; (B) no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ); and (C) the incorporation, as appropriate, of— (i) guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration, which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and (ii) relevant scientific research on airborne and novel pathogens. (8) Enforcement This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). 124. Permanent regional emphasis inspection program; expanding inspections (a) Regional emphasis inspection program (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall, pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ), implement a regional emphasis inspection program for covered establishments in every State of the United States in which a covered establishment is located. Such program shall cover— (A) amputation hazards; (B) ergonomics; (C) hazards related to line speeds; (D) bathroom breaks; (E) use of chemicals such as peracetic acid (antimicrobials); and (F) working conditions in high and low temperatures. (2) State plans Not later than 30 days after the date of enactment of this Act, a State with a State plan that has been approved by the Secretary under section 18 of such Act ( 29 U.S.C. 667 ) shall adopt in each region within the State in which covered establishment is located a regional emphasis inspection program that is at least as effective as the program under paragraph (1). (b) Expanding inspections when information presents possible additional dangers (1) In general In the case the Secretary conducts a physical inspection of a covered establishment pursuant to section 8 of such Act in response to a referral, complaint, or fatality, and the Secretary, during such inspection makes a determination under paragraph (2), the Secretary shall expand such inspection to all areas of the establishment. (2) Determination A determination described in this paragraph is either of the following: (A) A determination, following a review of records of work-related injuries and illnesses maintained in accordance with such section 8, that a work-related injury or illness may be related to a workplace danger that may threaten physical harm. (B) A determination, upon interviews with employees, that a workplace danger may threaten physical harm. 125. Representatives during physical inspections (a) Proposed rule Not later than 1 year after the date of enactment of this Act, the Secretary shall, under section 8(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657(e) ), publish in the Federal Register a regulation providing that during a physical inspection of a covered establishment under such section— (1) the representative authorized by employees to be given the opportunity to accompany the Secretary during the inspection as described in such section shall not be required to be an employee of the employer; (2) where there is no representative authorized by employees as described in paragraph (1), the employees may designate a person affiliated with a worker-based community organization to serve as such representative; and (3) the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person. (b) Final rule Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule for the proposed rule under subsection (a). 126. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: “discharge or cause to be discharged, or in any other manner retaliate or discriminate against or cause to be retaliated or discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: “this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: “before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved . (b) Prohibition of retaliation; procedure Section 11 of such Act ( 29 U.S.C. 660 ) is amended— (1) in subsection (c)— (A) in paragraph (2)— (i) by striking discharged or otherwise discriminated against by any person in violation of this subsection and inserting aggrieved by a violation of this subsection ; and (ii) by striking such discrimination and inserting such violation ; and (B) by adding at the end the following: (4) Exception for meat and poultry establishments Paragraphs (2) and (3) shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act . ; and (2) by adding at the end the following: (d) Meat and poultry establishments (1) Definitions In this subsection: (A) Complainant The term complainant means a complainant who is a covered employee. (B) Covered employee The term covered employee means an employee of a covered employer. (C) Covered employer The term covered employer means an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act . (D) Respondent The term respondent means a respondent who is a covered employer. (2) Reasonable apprehension (A) In general No person shall discharge, or cause to be discharged, or in any other manner retaliate or discriminate against, or cause to be retaliated or discriminated against, a covered employee for refusing to perform the covered employee’s duties if the covered employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the covered employee or other covered employees. (B) Circumstances For purposes of subparagraph (A), the circumstances causing the covered employee’s reasonable apprehension described in such subparagraph shall be of such a nature that a reasonable person, under the circumstances confronting the covered employee, would conclude that performing the duties described in such subparagraph would have the result described in such subparagraph. (C) Communication In order to qualify for protection under this paragraph, the covered employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the covered employer and have not received from the covered employer a response reasonably calculated to allay such concern. (3) Complaint Any covered employee who believes that the covered employee has been discharged, disciplined, or otherwise retaliated or discriminated against by any person in violation of subsection (c)(1) or paragraph (2) of this subsection may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general A covered employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of subsection (c)(1) or paragraph (2) of this subsection occurs; or (ii) the date on which the covered employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation Except in cases when the covered employee has been discharged, a violation of subsection (c)(1) or paragraph (2) of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred. (5) Investigation (A) In general A covered employee may, within the time period required under paragraph (4)(A), file a complaint with the Secretary alleging a violation of subsection (c)(1) or paragraph (2) of this subsection. If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint under this paragraph, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A), the Secretary finds reasonable cause to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i), such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6), respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5)(A); or (III) by the complainant within 120 days after the date of filing the complaint under paragraph (5), if the Secretary has not issued a decision under paragraph (5)(B). (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7), the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board ). (B) Standard of review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the administrative process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific covered employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7)(B)(iii); or (ii) the review board has not issued a decision and order within the 90-day time period required under paragraph (8)(C). (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of subsection (c)(1) or paragraph (2) of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection (c)(1) or paragraph (2) of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a covered employer has violated subsection (c)(1) or paragraph (2) of this subsection, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the covered employee against the covered employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any covered employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general A covered employee of a covered employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of subsection (c)(1) or paragraph (2) of this subsection by such employer with— (i) the Secretary under paragraph (5); or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. (18) Presumption of retaliation The Secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph (5) in which the Secretary finds a covered employee suffers an adverse action within 90 days of the date on which the covered employee took any action protected under subsection (c)(1) or raised any reasonable apprehension under paragraph (2) of this subsection. (19) Supplement and not supplant The remedies provided for under this subsection supplement, and do not supplant, the private right of action under section 130 of the Protecting America's Meatpacking Workers Act . (20) Definitions For purposes of this subsection and subsection (c)— (A) the term retaliate or discriminate against includes reporting, or threatening to report, to a Federal, State, or local authority the suspected citizenship or immigration status of a covered employee, or of a family member of a covered employee, because the covered employee raises a concern about workplace health and safety practices or hazards; and (B) the term family member , with respect to the family member of a covered employee, means an individual who— (i) is related to the covered employee by blood, adoption, marriage, or domestic partnership; and (ii) is a significant other, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild of the covered employee. . (c) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under subsection (c) or (d) of section 11 . 127. Regulations to restore a column on required records of work-related musculoskeletal disorders Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the Secretary on January 29, 2010, entitled Occupational Injury and Illness Recording and Reporting Requirements (75 Fed. Reg. 4728). 128. Funding for additional OSHA inspectors Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $60,000,000 to the Secretary for each of fiscal years 2022 through 2027, to remain available until expended for— (1) the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ); and (2) carrying out sections 6, 8, and 11 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ; 657; and 660), as amended by this Act. 129. OSHA reporting (a) Definition of pandemic In this section, the term pandemic means a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to a pandemic. (b) Reporting during a pandemic (1) Standardized reporting (A) In general The Secretary shall establish a standardized process for covered establishments to report, on a weekly basis during a pandemic, to the Secretary information regarding infections and deaths related to the pandemic. Such information shall include— (i) the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic; (ii) racial demographics of such employees; and (iii) the employment status of such employees. (B) Form and procedures (i) COVID– 19 Not later than 7 days after the date of enactment of this Act, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for reporting the information described in such subparagraph during the pandemic with respect to COVID–19. (ii) Future pandemics Not later than 1 year after the date of enactment of this Act, or 7 days following a declaration of a pandemic other than COVID–19, whichever is sooner, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for pandemics other than COVID–19. (2) Public availability The Secretary shall make the information reported under paragraph (1) available to the public in a manner that facilitates public participation, including by making such information available on its website in a manner that maximizes public participation. (3) Privacy A covered establishment, in reporting information to the Secretary under paragraph (1), may not claim confidential business information or patient privacy, except that such an establishment may withhold the names of workers, as a basis to withhold information. (c) Disclosures to employees A covered establishment shall disclose to each employee or individual providing work for the employer, including any individual providing such work through a contract or subcontract, all chemicals used at the worksite where the employee or individual provides such work. Such disclosure shall be provided to the employee or individual in the native language of the employee or individual. 130. Private right of action (a) In general Any person aggrieved by the failure of a covered establishment to comply with the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ), including any regulation promulgated pursuant to such Act, or to comply with this subtitle may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties, or in any other court of competent jurisdiction. (b) Right of recovery In an action brought by any aggrieved person pursuant to this section, the person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action. (c) Action by the Secretary Any administrative enforcement by the Secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction. 131. Injunction proceedings Section 13 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 662 ) is amended— (1) in subsection (a), by adding at the end the following: Any employee (or the representative of such employee) at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right. ; and (2) in subsection (d), by adding at the end the following: The right to judicial review provided in this subsection shall extend to, and the district court shall have jurisdiction to adjudicate, any action, inaction, or failure to act by the Secretary with respect to an imminent danger regardless of whether the Secretary, an inspector, or any other individual determines the existence or absence of an imminent danger. . D Savings provision 136. Savings provision Nothing in title shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. II Farm system reforms 201. Expanded meat and poultry processing grants Section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 ), is amended— (1) in subsection (b)— (A) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking To be eligible and inserting the following: (1) In general To be eligible ; (D) in paragraph (1) (as so designated)— (i) in the matter preceding subparagraph (A) (as so redesignated), by striking shall be— and inserting shall— ; (ii) in subparagraph (A) (as so redesignated)— (I) by inserting be before in operation ; and (II) by striking and at the end; (iii) in subparagraph (B) (as so redesignated)— (I) in the matter preceding clause (i) (as so redesignated), by striking seeking and inserting seek ; and (II) in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (C) have a labor peace agreement in place. ; and (E) by adding at the end the following: (2) Definition of labor peace agreement In this subsection, the term labor peace agreement means an agreement— (A) between an employer and a labor organization that represents, or is actively seeking to represent, the employees of the employer; and (B) under which such employer and labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization agrees to refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer provides the labor organization with employee contact information, and facilitates or permits labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer shall, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. ; (2) in subsection (d)(2)— (A) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking recipient shall agree and inserting the following: recipient— (A) shall agree ; (D) in subparagraph (A) (as so designated), in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (B) shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. ; and (3) in subsection (f)— (A) by striking Of the funds and inserting the following: (1) In general Of the funds ; and (B) by adding at the end the following: (2) Additional funding In addition to amounts made available under paragraph (1), of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $100,000,000 for the period of fiscal years 2022 through 2031. . 202. Local Agriculture Market Program Section 210A(i)(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c(i)(1) ) is amended by striking fiscal year 2019 and inserting each of fiscal years 2019 and 2020, and $500,000,000 for fiscal year 2021 . 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 ) is amended— (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef means meat produced from cattle (including veal). ; (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A)— (i) in clause (i), by striking lamb and inserting beef, lamb, pork, ; (ii) in clause (ii), by striking ground lamb and inserting ground beef, ground lamb, ground pork, ; (iii) in clause (x), by striking and at the end; (iv) in clause (xi), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) after subparagraph (A) ; (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Dairy product The term dairy product means— (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. ; and (5) by inserting after paragraph (7) (as so redesignated) the following: (8) Pork The term pork means meat produced from hogs. . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) ) is amended by adding at the end the following: (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the united states With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. . 204. Definitions in Packers and Stockyards Act, 1921 Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ), is amended— (1) in paragraph (8), by striking for slaughter and all that follows through of such poultry and inserting under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person ; (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another’s instructions, for slaughter and inserting or cares for live poultry in accordance with the instructions of another person ; (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another ; and (B) by striking ; and at the end and inserting a period; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date that is after the date on which the forward price is established. (B) Exclusion The term formula price does not include— (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for— (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 205. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ), is amended— (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be in the matter preceding paragraph (1) (as so redesignated) and inserting the following: 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: and inserting to do any of the following: ; (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or each place it appears and inserting a period; (C) in paragraph (6) (as so redesignated)— (i) by striking (1) and inserting (A) ; (ii) by striking (2) and inserting (B) ; and (iii) by striking (3) and inserting (C) ; (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a )) information on the price and quantity of livestock purchased by the packer; or (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) and inserting paragraphs (1) through (9) ; and (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for Angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys’ fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)(2)), shall take effect on the date of enactment of this Act. (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)(2)), that paragraph shall take effect— (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 206. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 ) the following: 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer means a packer that is required under subtitle B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635 et seq. ) to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. (B) Exclusion The term covered packer does not include a packer that owns only 1 livestock processing plant. (2) Nonaffiliated producer The term nonaffiliated producer means a producer of livestock— (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale means a purchase and sale of livestock by a packer from a producer— (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during each of calendar years 2020 and 2021, 20 percent; (ii) during each of calendar years 2022 and 2023, 30 percent; and (iii) during calendar year 2024 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 207. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , 194, 195), are amended by inserting , live poultry dealer, after packer each place it appears. (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) ), is amended by inserting or poultry care after on account of poultry . (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 ), is amended— (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of ; and (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 and inserting any provision . 208. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 ), is amended by adding at the end the following: (i) Attorney’s fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 209. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 ), is amended— (1) in subsection (a), in the first sentence— (A) by striking he shall cause and inserting the Secretary shall cause ; and (B) by striking his charges and inserting the charges ; (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings and inserting the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary ; and (3) in subsection (c), by striking he and inserting the Secretary . (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 ), is amended— (1) in subsection (a), by striking he has his and inserting the packer, live poultry dealer, or swine contractor has the ; (2) in subsection (c), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer ; (3) in subsection (f), in the second sentence— (A) by striking his findings and inserting the findings of the Secretary ; and (B) by striking he and inserting the Secretary ; and (4) in subsection (g), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer . III GAO reports 301. Review and report on fragility and national security in the food system (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the fragility of the food system in the United States with respect to meat and poultry. (b) Requirements The report under subsection (a) shall include information on, and an analysis of— (1) the reach of corporate consolidation and corporate control of the meat and poultry supply chain, including animal feed, inputs for animal feed, processing, and distribution; (2) the effects of corporate consolidation and corporate control of the meat and poultry supply chain on— (A) consumers, farmers, rural communities, and meat and poultry processing workers; (B) greenhouse gas emissions, climate change, and costs borne by communities to adapt to climate change; (C) water quality, soil quality, air quality, and biodiversity; and (D) politics and political lobbying; (3) (A) the extent to which Department of Agriculture rules and regulations designed for large covered establishments are applied to small- and medium-sized covered establishments; and (B) the need for the Secretary of Agriculture to adapt rules and regulations to benefit small- and medium-sized covered establishments; (4) the effects of the COVID–19 pandemic on meat and poultry exports, meat and poultry cold storage inventories, processing rates of meat and poultry, and the net profits earned by owners of covered establishments; (5) the effect of the COVID–19 pandemic on meat and poultry prices paid— (A) to farmers; and (B) by consumers; (6) Federal support for the corporations that control the largest percentage of the meat and poultry industry through contracts, procurement, subsidies, and other mechanisms; (7) the risk of disruption caused by corporate consolidation among covered establishments, including an analysis of food supply chain issues resulting from the COVID–19 pandemic; and (8) the extent to which breaking up the meat packing oligopoly would increase food system resiliency for the next pandemic. 302. Review and report on racial and ethnic disparities in meat and poultry processing Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress, a report on racial and ethnic disparities in the meat and poultry processing sector. Such report shall contain a review of each of the following: (1) The impacts of working in covered establishments to individuals working at such establishments who are employees, temporary workers, incarcerated workers, noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) or as refugees under section 207 of that Act ( 8 U.S.C. 1157 ), or noncitizen workers who are not lawfully present in the United States. Such review shall include a review of— (A) workplace injuries, including repetitive musculoskeletal injuries, of such individuals; (B) psychological and mental health conditions of such individuals; (C) exposure of such individuals to chemicals or other potential carcinogens and reproductive toxins; (D) any physical or mental abuse, including sexual harassment, of such individuals by co-workers or managers; (E) the risk of exposure to SARS–CoV–2 for such individuals; (F) the extent to which such individuals are unable to seek appropriate relief for workplace injuries, abuse, and protection from exposure to SARS–CoV–2 during the COVID–19 emergency for fear of retaliation; and (G) COVID–19 deaths and illnesses of such individuals, including the short- and long-term effects of COVID–19 for such individuals. (2) The racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace. (3) The racial demographics and use of incarcerated workers in covered establishments, including— (A) the extent to which such workers have a choice in working at covered establishments; (B) the use of such workers to outsource the responsibility of covered establishments to provide a safe workplace; (C) the use of such workers to outsource the responsibility of covered establishments to provide fair compensation; and (D) the use of such workers by covered establishments to externalize employee cost. (4) The racial demographics and use of noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) or as refugees under section 207 of that Act ( 8 U.S.C. 1157 ) at covered establishments, including— (A) the extent to which predatory practices, such as limiting the ability of such workers to choose and move between competing organizations, are utilized by covered establishments with respect to such workers; (B) the extent to which such workers are unable to speak out for fear of retaliation; and (C) the extent to which there is full transparency about the nature of employment of such workers prior to being hired. (5) The racial demographics and use of noncitizen workers who are not lawfully present in the United States at covered establishments, including— (A) the extent to which such workers are unable to speak out for fear of retaliation; and (B) whether any collusion between Federal immigration offices and covered establishments have the effect of intimidating and silencing such workers. 303. GAO report on line speeds (a) In general Not later than 90 days after the end of the covered period, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services in response to the COVID–19 pandemic to determine the effectiveness of those actions in protecting animal, food, and worker safety. (b) Contents The review carried out under subsection (a) shall include information on, and an analysis of, with respect to covered establishments— (1) all policies and regulations relating to inspection of those establishments that have been implemented by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services during the COVID–19 emergency and the covered period; (2) the pandemic emergency preparedness plans of those establishments; (3) the extent to which those establishments have implemented guidance and recommendations to space workers 6 feet apart on production lines and in break rooms, locker rooms, and all other workspaces; (4) the extent to which those establishments maintain policies and procedures that discourage workers from reporting exposure, seeking treatment, or remaining in isolation, including— (A) bonus or work incentive programs; and (B) sick leave that does not cover the full pay of a worker; (5) the extent to which those establishments provide communications and training about COVID–19 in a language and at a literacy level workers understand; (6) (A) the quantity and quality of face masks and personal protective equipment, such as face shields and respirators, made available to workers at those establishments; (B) whether the face masks and personal protective equipment are provided to the workers free of charge; and (C) usage of the face masks and personal protective equipment by the workers; (7) any guidance provided to inspectors of those establishments by the Secretary, the Secretary of Labor, or the Secretary of Health and Human Services during the COVID–19 emergency; (8) actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services to protect workers, animals, and food at establishments that have reported cases of COVID–19; (9) all humane handling reports issued, and enforcement actions taken, by the Secretary during the COVID–19 emergency pursuant to— (A) Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ); and (B) good commercial practices regulations promulgated under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ); (10) the impact of faster line speeds on the ability of those establishments to maintain protections for workers; (11) any instance of interference by a Federal agency with the contents of any report of findings based on a review of a covered establishment experiencing an outbreak of COVID–19 conducted by personnel of the Centers for Disease Control and Prevention; and (12) any instance of interference by a Federal agency with the recommended actions of a State or local health department to close a covered facility experiencing COVID–19-related deaths and disease. | https://www.govinfo.gov/content/pkg/BILLS-117s3285is/xml/BILLS-117s3285is.xml |
117-s-3286 | II 117th CONGRESS 1st Session S. 3286 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Booker (for himself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To include a Federal defender as a nonvoting member of the United States Sentencing Commission.
1. Short title This Act may be cited as the Sentencing Commission Improvements Act . 2. Federal defender as a nonvoting member of the United States Sentencing Commission (a) In general Section 991(a) of title 28, United States Code, is amended— (1) in the first sentence, by striking one nonvoting member. and inserting 2 nonvoting members. ; and (2) in the fifth sentence, by striking shall be an ex officio, nonvoting member and inserting and a Federal Public or Community Defender designated by the Defender Services Advisory Group, shall be ex officio, nonvoting members of the Commission. . (b) Conforming amendment Section 235(b)(5) of the Sentencing Reform Act of 1984 ( 18 U.S.C. 3551 note) is amended, in the last sentence, by striking nine members, including two ex officio, nonvoting members and inserting 10 members, including 3 ex officio, nonvoting members. . | https://www.govinfo.gov/content/pkg/BILLS-117s3286is/xml/BILLS-117s3286is.xml |
117-s-3287 | II 117th CONGRESS 1st Session S. 3287 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Barrasso (for himself, Mr. Daines , Mr. Risch , Mr. Cramer , Mr. Hoeven , Mr. Lankford , Mr. Cassidy , Mr. Marshall , Mrs. Hyde-Smith , Mr. Lee , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the development and issuance of a plan to increase oil and gas production on Federal land in conjunction with a drawdown of petroleum reserves from the Strategic Petroleum Reserve.
1. Short title This Act may be cited as the Strategic Production Response Act or the SPR Act . 2. Strategic production response plan Section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following: (k) Strategic production response plan (1) Definition of Federal land (A) In general In this subsection, the term Federal land means land, including outer Continental Shelf land, the title to which is held by the United States. (B) Exclusions In this subsection, the term Federal land does not include land otherwise not available for oil and gas development within— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a National Marine Sanctuary; or (v) Indian land. (2) Plan Except in the case of a severe energy supply interruption described in subsection (d) or as otherwise mandated by Congress, the Secretary may not execute 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary of the Interior has, as applicable, issued a plan or updated a previously issued plan to increase the production of oil and gas on Federal land. (3) Requirements for plan Each plan issued or updated under paragraph (2) shall include proposed actions to increase oil and gas production on Federal land that are in addition to lease sales previously scheduled by the Secretary of the Interior under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (4) Consultation The Secretary of the Interior shall issue or update each plan required under paragraph (2) in consultation with the Secretary, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Congressional submission Not later than 60 days after the date on which the Secretary executes 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a copy of the applicable plan required under paragraph (2). . | https://www.govinfo.gov/content/pkg/BILLS-117s3287is/xml/BILLS-117s3287is.xml |
117-s-3288 | II 117th CONGRESS 1st Session S. 3288 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Wicker (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize and reform the National Telecommunications and Information Administration, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the NTIA Reauthorization and Reform Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—NTIA reauthorization and reform Sec. 101. Authorization of appropriations. Sec. 102. Under Secretary of Commerce for Communications and Information. Sec. 103. Coordination of executive branch views on matters before the Federal Communications Commission. Sec. 104. Modernization of agency mission. TITLE II—Other matters Sec. 201. Promotion of workforce programs. Sec. 202. Improved coordination between the FCC and the NTIA. Sec. 203. World Radiocommunication Conference ambassador. TITLE III—Effective date Sec. 301. Effective date. 2. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) NTIA The term NTIA means the National Telecommunications and Information Administration. I NTIA reauthorization and reform 101. Authorization of appropriations Section 151 of the National Telecommunications and Information Administration Organization Act ( Public Law 102–538 ; 106 Stat. 3533) is amended— (1) by striking 1992 and and inserting 1992, ; and (2) by inserting and $52,831,000 for each of fiscal years 2022 and 2023, after 1993, . 102. Under Secretary of Commerce for Communications and Information (a) In general Section 103(a)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a)(2) ) is amended by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information . (b) Pay Subchapter II of chapter 53 of title 5, United States Code, is amended— (1) in section 5314, by striking and Under Secretary of Commerce for Travel and Tourism and inserting Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Communications and Information ; and (2) in section 5315, by striking (11) after Assistant Secretaries of Commerce and inserting (10) . (c) Deputy Under Secretary (1) In general Section 103(a) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a) ), as amended by subsection (a) of this section, is amended by adding at the end the following: (3) Deputy Under Secretary The Deputy Under Secretary of Commerce for Communications and Information— (A) shall be the principal policy advisor of the Under Secretary; (B) shall perform such other functions as the Under Secretary shall from time to time assign or delegate; and (C) shall act as Under Secretary during the absence or disability of the Under Secretary or in the event of a vacancy in the office of the Under Secretary. . (2) Technical and conforming amendment Section 106(c) of the Public Telecommunications Financing Act of 1978 ( 5 U.S.C. 5316 note; Public Law 95–567 ) is amended by striking The position of Deputy Assistant Secretary of Commerce for Communications and Information, established in Department of Commerce Organization Order Numbered 10-10 (effective March 26, 1978), and inserting The position of Deputy Under Secretary of Commerce for Communications and Information, established under section 103(a) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a) ), . (d) Continuation in office The individual serving as the Assistant Secretary of Commerce for Communications and Information and the individual serving as the Deputy Assistant Secretary of Commerce for Communications and Information on the day before the effective date under section 301 of this Act may serve as the Under Secretary of Commerce for Communications and Information and the Deputy Under Secretary of Commerce for Communications and Information, respectively, on and after that effective date without the need for renomination or reappointment. (e) Technical and conforming amendments (1) Communications Act of 1934 Section 344(d)(2) of the Communications Act of 1934 (as added by section 60602(a) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 )) is amended by striking Assistant Secretary and inserting Under Secretary . (2) National Telecommunications and Information Administration Organization Act The National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary . (3) Homeland Security Act of 2002 Section 1805(d)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 575(d)(2) ) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information . (4) Agriculture Improvement Act of 2018 Section 6212 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 950bb–6 ) is amended— (A) in subsection (d)(1), in the heading, by striking Assistant secretary and inserting Under Secretary ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (5) Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 Section 303 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 ( 8 U.S.C. 1721 note; Public Law 109–13 ) is repealed. (6) Broadband Data Improvement Act Section 214 of the Broadband Data Improvement Act ( 15 U.S.C. 6554 ) is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking Assistant Secretary and inserting Under Secretary ; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (7) Electronic Signatures in Global and National Commerce Act Section 103(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7003(c) ) is amended— (A) by striking Exceptions .— and all that follows through Determinations .—If and inserting Exceptions .—If ; and (B) by striking such exceptions and inserting of the exceptions in subsections (a) and (b) . (8) Title 17, United States Code Section 1201 of title 17, United States Code, is amended— (A) in subsection (a)(1)(C), in the matter preceding clause (i), by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information ; and (B) in subsection (g), by striking paragraph (5). (9) Unlocking Consumer Choice and Wireless Competition Act Section 2(b) of the Unlocking Consumer Choice and Wireless Competition Act ( 17 U.S.C. 1201 note; Public Law 113–144 ) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information . (10) Implementing Recommendations of the 9/11 Commission Act of 2007 Section 2201(d) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 42 U.S.C. 247d–3 note; Public Law 110–53 ) is repealed. (11) Communications Satellite Act of 1962 Section 625(a)(1) of the Communications Satellite Act of 1962 ( 47 U.S.C. 763d(a)(1) ) is amended, in the matter preceding subparagraph (A), by striking Assistant Secretary and inserting Under Secretary of Commerce . (12) Spectrum Pipeline Act of 2015 The Spectrum Pipeline Act of 2015 ( 47 U.S.C. 921 note; title X of Public Law 114–74 ) is amended— (A) in section 1002(1), in the heading, by striking Assistant secretary and inserting Under Secretary ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (13) Warning, Alert, and Response Network Act Section 606 of the Warning, Alert, and Response Network Act ( 47 U.S.C. 1205 ) is amended— (A) in subsection (b), in the first sentence, by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (14) American Recovery and Reinvestment Act of 2009 Section 6001 of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305 ) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary . (15) Middle Class Tax Relief and Job Creation Act of 2012 Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 et seq. ) is amended— (A) in section 6001 ( 47 U.S.C. 1401 )— (i) by striking paragraph (4); (ii) by redesignating paragraphs (5) through (31) as paragraphs (4) through (30), respectively; and (iii) by inserting after paragraph (30), as so redesignated, the following: (31) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Communications and Information. ; (B) in subtitle D ( 47 U.S.C. 1451 et seq. )— (i) in section 6406 ( 47 U.S.C. 1453 )— (I) by striking subsections (b) and (c); and (II) by inserting after subsection (a) the following: (b) Definition In this section, the term 5350-5470 MHz band means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz. ; and (ii) by striking section 6408; and (C) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (16) RAY BAUM'S Act of 2018 The RAY BAUM'S Act of 2018 (division P of Public Law 115–141 ; 132 Stat. 348) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary . (17) Secure and Trusted Communications Networks Act of 2019 Section 8 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607 ) is amended— (A) in subsection (c)(1), in the heading, by striking Assistant secretary and inserting Under Secretary ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (18) Title 51, United States Code Section 50112(3) of title 51, United States Code, is amended, in the matter preceding subparagraph (A), by striking Assistant Secretary each place the term appears and inserting Under Secretary . (19) Consolidated Appropriations Act, 2021 The Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended— (A) in title IX of division N— (i) in section 902(a)(2), in the heading, by striking Assistant Secretary and inserting Under Secretary ; (ii) in section 905— (I) in subsection (a)(1), in the heading, by striking Assistant Secretary and inserting Under Secretary ; (II) in subsection (c)(3)(B), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (III) in subsection (d)(2)(B), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (iii) by striking Assistant Secretary each place the term appears and inserting Under Secretary ; and (B) in title IX of division FF— (i) in section 903(g)(2), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (ii) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (20) Infrastructure Investment and Jobs Act The Infrastructure Investment and Jobs Act ( Public Law 117–58 ) is amended— (A) in section 27003, by striking Assistant Secretary each place the term appears and inserting Under Secretary ; (B) in division F— (i) in section 60102— (I) in subsection (a)(2)(A), by striking Assistant Secretary and inserting Under Secretary ; (II) in subsection (d)(1), by striking Assistant Secretary and inserting Under Secretary ; and (III) in subsection (h)— (aa) in paragraph (1)(B), by striking Assistant Secretary and inserting Under Secretary ; and (bb) in paragraph (5)(B)(iii), by striking Assistant Secretary and inserting Under Secretary ; (ii) in title III— (I) in section 60302(5), by striking Assistant Secretary and inserting Under Secretary ; and (II) in section 60305(d)(2)(B)(ii), by striking Assistant Secretary and inserting Under Secretary ; (iii) in section 60401(a)(2), by striking Assistant Secretary and inserting Under Secretary ; and (iv) by striking Assistant Secretary each place the term appears and inserting Under Secretary ; (C) in section 90008(b)(3), by striking Assistant Secretary and inserting Under Secretary ; and (D) in division J, in the matter under the heading distance learning, telemedicine, and broadband program under the heading Rural Utilities Service under the heading Rural development programs , by striking Assistant Secretary and inserting Under Secretary . 103. Coordination of executive branch views on matters before the Federal Communications Commission Section 105(a)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 904(a)(1) ) is amended— (1) by striking to ensure that the conduct and inserting the following: to ensure that— (A) the conduct ; and (2) by striking the period at the end and inserting the following: ; and (B) the views of the executive branch on matters presented to the Commission are appropriately coordinated and reflective of executive branch policy, consistent with section 103(b)(2)(J). . 104. Modernization of agency mission (a) Policy Section 102(c) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901(c) ) is amended by adding at the end the following: (6) Fostering the digital economy as a critical component of the competitiveness, future economic growth, and security of the United States, and working to ensure that global communications networks remain open and innovative, without inappropriate barriers to entry or operation. (7) Achieving universal availability of and access to telecommunications and information networks and related technologies. . (b) Assigned functions Section 103(b)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(2) ) is amended— (1) in the matter preceding subparagraph (A), by inserting , some of which were before transferred to the Secretary ; (2) in subparagraph (G)— (A) in clause (i), by inserting standards, after conferences, ; and (B) in clause (ii), by inserting , standards bodies, after telecommunications conferences ; (3) in subparagraph (H)— (A) by inserting and information after telecommunications, ; and (B) by striking and emergency readiness and inserting emergency readiness, intermediaries, universal service, and the flow of information ; and (4) in subparagraph (M)— (A) by inserting , publish reports, after studies, ; and (B) by inserting before the period at the end the following: , and concerning policy issues relating to communications, information, and the digital economy, including (but not limited to) considerations of interoperability, privacy, security, spectrum use, emergency readiness, intermediaries, universal service, and the flow of information . II Other matters 201. Promotion of workforce programs The NTIA, under the Broadband USA program, shall coordinate with the heads of other Federal agencies, including the Secretary of Labor and the Secretary of Education, to promote, and share information with States and the public regarding, workforce development programs, such as apprenticeships, internships, externships, and other skills training programs, tailored to the telecommunications industry. 202. Improved coordination between the FCC and the NTIA (a) Definition In this section, the term Memorandum means the Memorandum of Understanding on Spectrum Coordination executed by the Commission and the Administration on January 31, 2003. (b) Updates Not later than 120 days after the date of enactment of this Act, the Commission and the NTIA shall update the Memorandum to— (1) outline general processes for addressing technical, procedural, and policy differences regarding frequency allocation and related conditions and standards; (2) create a process for the resolution of non-routine policy disputes between the Commission and the NTIA, including specific timelines for an expeditious resolution; (3) clarify that— (A) Congress designated the NTIA to serve as the sole agency responsible for managing spectrum assigned to Federal agencies, and that, as a result, the NTIA represents Federal agencies in addressing technical, procedural, and policy differences regarding frequency allocation with the Commission, consistent with section 103(b) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b) ); and (B) the representation by the NTIA described in subparagraph (A) should involve the expertise of the NTIA in technical, engineering, and policy matters; (4) ensure that scientific analyses and testing are considered in actions involving spectrum allocation and standards; (5) ensure that short-, medium-, and long-term implications of spectrum policy and strategy are considered; (6) outline general processes for how the Commission and the NTIA will form staff standing working groups with regular meetings to discuss spectrum planning by the Commission and the NTIA; (7) outline general processes for how the Commission and the NTIA will jointly interact and consult with the Department of State in matters regarding international spectrum coordination proceedings; and (8) endeavor to ensure— (A) the efficient use of frequencies assigned to Federal agencies, consistent with the responsibilities of the NTIA under section 103(b)(2)(U) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(2)(U) ); and (B) that frequencies not required for the present or identifiable future needs of the Federal Government are reallocated to non-Federal Government users wherever possible. (c) Periodic updates Not later than 3 years after the date on which the Commission and the NTIA update the Memorandum under subsection (b), and every 4 years thereafter, the Commission and the NTIA shall update the Memorandum to reflect changing technological, procedural, and policy circumstances. (d) Report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Commission and the NTIA shall submit to Congress a report on joint spectrum planning activities. 203. World Radiocommunication Conference ambassador (a) In general Section 103(b)(3) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) shall assign to the NTIA responsibility for providing advice and recommendations to the Secretary of State regarding candidates to serve as United States head of delegation and ambassador to the quadrennial World Radiocommunication Conference of the International Telecommunication Union, not later than 30 months before the first plenary meeting of a conference. . (b) Rank Section 302(a)(2) of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(2) ) is amended by adding at the end the following: (D) Notwithstanding subparagraph (B)(i), the President may confer the personal rank of ambassador to the United States head of delegation to the quadrennial World Radiocommunication Conference for a temporary term not exceeding 2 years in duration. . III Effective date 301. Effective date This Act and the amendments made by this Act shall take effect on the first day of the first pay period applicable to the Under Secretary of Commerce for Communications and Information (as so redesignated by section 102(a)) beginning on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3288is/xml/BILLS-117s3288is.xml |
117-s-3289 | II 117th CONGRESS 1st Session S. 3289 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mr. Peters (for himself, Mr. Portman , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Federal Funding Accountability and Transparency Act of 2006 to require the Director of the Office of Management and Budget and the Secretary of the Treasury to track and disclose funding and outlays relating to disasters and emergencies on a centralized website, and for other purposes.
1. Short title This Act may be cited as the Disclosing All Spending That Ensures Relief Act or the DISASTER Act . 2. Findings Congress finds the following: (1) At a time of constrained budgets, it is fiscally prudent to understand the amount and the scope of the Federal Government’s funding and outlays relating to disasters and emergencies affecting communities in need. (2) Understanding the funding and outlays of Federal agencies relating to disasters and emergencies will help better inform the congressional funding process and presidential budget requests. (3) Knowledge about funding and outlay trends relating to disasters and emergencies will guide mitigation efforts that reduce vulnerabilities to future disasters and emergencies. (4) Any accounting mechanism to track outlays relating to disasters and emergencies should account for all funding sources, including both procurement and financial assistance funding, regardless of how that funding is appropriated. (5) The Federal Government’s fiscal exposure to disasters and emergencies is not limited to the funding and outlays of Federal agencies and should also include financial damages associated with disasters and emergencies. For example, financial damages associated with wildfires may exceed the amount that Federal agencies actually spend in response to wildfires. The difference in damages and outlays illustrates the Federal Government’s fiscal exposure to wildfires. Although some Federal agencies currently track financial damages associated with disasters and emergencies, this tracking should be consistent and standardized across all relevant Federal agencies. (6) Data quality issues in business systems used by Federal agencies and recipients of Federal awards hinder analysis and learning opportunities about funding and outlays relating to disasters and emergencies. 3. Purpose The purpose of this Act is to require— (1) relevant Federal agencies and components of Federal agencies to track and report to the Director of the Office of Management and Budget and the Secretary of the Treasury data on funding, outlays, and, to the extent practicable, financial damages relating to disasters and emergencies for publication on a centralized website; (2) the Comptroller General to study and recommend data quality remediation measures for the data sources of the website described in paragraph (1); and (3) if applicable, the Director of the Office of Management and Budget and the Secretary of the Treasury to implement the data quality remediation measures described in paragraph (2). 4. Enhanced disclosure of funding relating to disasters or emergencies (a) Definition (1) In general Section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) by redesignating paragraphs (2) through (8) as paragraphs (4) through (10), respectively; (B) by inserting after paragraph (1) the following: (2) Disaster or emergency The term disaster or emergency means— (A) any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191); (B) any fire for which assistance is provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ); (C) any fire for which fire suppression activities are carried out by the Department of the Interior or the Department of Agriculture; (D) any national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ); (E) any disaster or emergency relating to assistance provided under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); (F) any natural disaster declared by the Secretary of Agriculture under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); (G) any public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) any commercial fishery failure due to a fishery resource disaster or catastrophic regional fishery disaster determined by the Secretary of Commerce under section 312(a) or 315(a), respectively, of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) , 1864(a)); and (I) any other potential or actual disaster or emergency identified by the Director, in consultation with the head of any relevant Federal agency. (3) Disaster-related financial damages The term disaster-related financial damages means any financial or economic loss determined by the Director that may inform necessary Federal outlays relating to any disaster or emergency. ; and (C) in paragraph (9), as so redesignated— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) search and aggregate Federal funding and outlays relating to disasters or emergencies and other relevant information. . (2) Conforming amendments Section 2 of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note), as amended by paragraph (1), is further amended— (A) in subsection (a)(9)— (i) in subparagraph (B), by striking paragraph (2)(A)(i) and inserting paragraph (6)(A)(i) ; and (ii) in subparagraph (C), by striking paragraph (2)(A)(ii) and inserting paragraph (6)(A)(ii) ; and (B) in subsection (c)(5), by striking subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii) and inserting subsection (a)(6)(A)(i) and those described in subsection (a)(6)(A)(ii) . (b) Funding relating to disasters and emergencies Section 3 of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (1) in subsection (b)(1)— (A) in subparagraph (C)(ii), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) from which accounts and in what amount— (i) appropriations are obligated relating to any disaster or emergency, which shall be accompanied by the information described in subsection (c)(2)(A); and (ii) outlays are made relating to any disaster or emergency, which shall be accompanied by the information described in subsection (c)(2)(A); and ; and (2) by adding at the end the following: (c) Full disclosure of funding and outlays relating to disasters and emergencies (1) Pilot program (A) In general Not later than 180 days after the date of enactment of the DISASTER Act , the Director and the Secretary shall establish a pilot program to— (i) test and evaluate the collection and accession of data involving and associated with amounts obligated or outlayed relating to any disaster or emergency, as those data are reported under subsection (b)(1)(D), which may include— (I) outlays in the wake of any disaster or emergency; (II) outlays in advance of any potential or actual disaster or emergency; (III) administrative outlays associated with outlays described in subclause (I) or (II); or (IV) any other category of outlays relating to any disaster or emergency determined by the Director and the Secretary; (ii) test and evaluate the collection and accession of data involving and associated with disaster-related financial damages, as those data are reported under paragraph (2)(A)(iii), which shall be provided as ancillary data to the data described in clause (i); (iii) determine the proper scope and standardization of data elements for the data described in clauses (i) and (ii); (iv) determine the proper frequency of reporting for the data described in clauses (i) and (ii), which shall be not less frequently than once every 2 weeks; (v) produce a strategic plan, which shall be made publicly available not later than 90 days after the date on which the pilot program terminates, for implementing a program across the Federal Government for reporting the data described in clauses (i) and (ii) using the scope and standardization determined under clause (iii) and the frequency determined under clause (iv); and (vi) identify and propose solutions for any challenges in implementing the program described in clause (v), including— (I) as appropriate, recommendations for proposed legislation; and (II) challenges in reporting funding or outlays that— (aa) have been reprogrammed from an existing program; (bb) have been subject to a reporting requirement waiver; (cc) involve a need for cost allocation methodology within any individual appropriations account in order to identify outlays associated with any disaster or emergency, such as an outlay for salaries of Federal employees who are engaged in response to any disaster or emergency; or (dd) relate to any disaster or emergency that lacks a clear start or end date. (B) Consultation with experts In establishing the pilot program under subparagraph (A), the Director and the Secretary shall consult with individuals who are— (i) representatives of relevant governmental and nongovernmental organizations, including Federal agencies and components of Federal agencies of diverse sizes and missions; and (ii) experts in— (I) disaster relief and preparedness; or (II) Federal Government accounting. (C) Termination The pilot program established under subparagraph (A) shall terminate not later than 2 years after the date of the establishment of the pilot program. (2) Reporting of disaster- and emergency-related funding Using information learned from the pilot program established under paragraph (1)(A) and not later than 1 year after the date of the termination of the pilot program, the Director and the Secretary shall— (A) establish data standards by which to identify, categorize, and describe each disaster or emergency, including— (i) a label for the identification and categorization of the disaster or emergency; (ii) to the extent practicable— (I) each State or locality affected by the disaster or emergency; and (II) the start and end dates of the disaster or emergency; (iii) to the extent practicable, the estimated disaster-related financial damages, which shall be— (I) disaggregated by affected States or localities; (II) itemized by standardized categories to demonstrate the need for specific types of Federal outlays; and (III) collected on an ongoing basis; and (iv) any other information or category determined by the Director and the Secretary; and (B) issue guidance to Federal agencies and components of Federal agencies to— (i) require the tracking and reporting of funds obligated or outlayed relating to any disaster or emergency in accordance with subsection (b)(1)(D); (ii) require the tracking and publishing on the website established under section 2(b)(1) of— (I) to the extent practicable, any disaster-related financial damages, which shall be provided as ancillary data to the data described in clause (i); and (II) information relating to any disaster or emergency identified, categorized, and described under subsection (c)(2)(A); (iii) eliminate any tracking, publishing, or reporting that would be duplicative of the information tracked under clauses (i) and (ii); and (iv) not less frequently than annually, give feedback to, and receive updated guidance from, the Director and the Secretary relating to any outlays by Federal agencies and components of Federal agencies that— (I) are not tracked under clause (i); and (II) may qualify as outlays relating to any disaster or emergency. (3) Comptroller general report Not later than 3 years after the date on which the Director and the Secretary issue guidance under paragraph (2)(B), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (A) assesses the completeness, timeliness, quality, accuracy, and usefulness of the information described in paragraph (2)(B); and (B) if appropriate, includes any recommendations to improve the information described in paragraph (2)(B). . 5. Data quality reports and remediation plans (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; and (B) the Committee on Oversight and Reform of the House of Representatives. (2) Comptroller General The term Comptroller General means the Comptroller General of the United States. (3) Data quality issue The term data quality issue means a situation in which a collection of quantitative or qualitative data represent or suggest inaccurate, misleading, or insufficiently clear information in a common way. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Secretary The term Secretary means the Secretary of the Treasury. (b) Report Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a publicly available report to the appropriate congressional committees relating to current and ongoing data quality issues in the data sources of the website established under section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note), including data quality issues of— (1) the Federal Funding Accountability and Transparency Act Subaward Reporting System; (2) the Federal Procurement Data System; (3) any business system operated by a Federal agency or a component of a Federal agency identified by the Comptroller General; (4) any successor system of a system described in this subsection; and (5) any other data source identified by the Comptroller General. (c) Contents The report submitted under subsection (b) shall include— (1) an identification of data quality issues of the data systems described in subsection (b), as applicable, including situations in which— (A) outlayed amounts exceed obligated amounts; (B) subaward amounts exceed prime award amounts; (C) inappropriate variations exist for how a single entity or location is identified, such as a situation in which— (i) the same legal entity possesses multiple different unique identifiers; or (ii) the same geographic location possesses intentional or unintentional variations in spelling; (D) open text fields are insufficiently informative, such as in award descriptions; (E) required or relevant information is missing, including— (i) as a result of a reporting requirement waiver; and (ii) any information that is collected inconsistently across Federal award types or Federal program types, such an industry information or demographic information; (F) labels and other identifiers are incorrectly or inappropriately assigned, including— (i) any failure to produce or update labels and other identifiers for funding that has been reprogrammed from an existing program; and (ii) any inaccurate identification of funds obligated or outlayed relating to any disaster or emergency; and (G) any other potential or actual problem is identified by the Comptroller General; and (2) for each data quality issue identified under paragraph (1)— (A) a list of each relevant system in which the data quality issue is created and propagated; (B) a list of the stakeholder groups involved in creating and reviewing the data in which the data quality issue is found; (C) an explanation of known and accepted exceptions to instances of the data quality issue that— (i) may appear problematic; and (ii) are justified in some cases; (D) an assessment of the root cause of the data quality issue; (E) a discussion of any tradeoffs on data quality versus cost or effort; (F) a list of existing mechanisms to detect or prevent instances of the data quality issue; and (G) any recommendations for relevant business systems and stakeholder groups to remediate the data quality issue and explain to public data consumers the known and accepted exceptions, including— (i) a proposed timeline for implementation and evaluation by relevant stakeholder groups, which shall not exceed 2 years from the date of the submission of the report, unless justified in writing; (ii) metrics to determine success; (iii) proposed solutions that may involve technological, behavioral, institutional, cultural, educational, regulatory, legislative, or resource allocation changes; and (iv) any other recommendation relating to the efficiency or effectiveness of the data systems described in subsection (b). (d) Updates Not later than 2 years after the date on which the report required under subsection (b) is submitted, and every 2 years thereafter until not less than 6 years after such date, the Comptroller General shall submit to the appropriate congressional committees an updated and publicly available report that includes— (1) the information required to be included in the report under subsection (c); (2) any newly identified data quality issues; (3) information relating to the success of the remediation recommendations included in previous reports; and (4) a determination of whether any additional updated reports with the same submission schedule and requirements as the report required under this subsection are needed. (e) Implementation plans Not later than 90 days after the date on which the Comptroller General submits a report required under subsection (b) or (d), the Director and the Secretary shall submit to the appropriate congressional committees a publicly available report that explains, with respect to a recommendation described in subsection (c)(2)(G)— (1) whether and how each relevant stakeholder group should implement the recommendation, including any comments on the recommendation; and (2) if applicable, any challenges and related solutions to implementing the recommendation. | https://www.govinfo.gov/content/pkg/BILLS-117s3289is/xml/BILLS-117s3289is.xml |
117-s-3290 | II 117th CONGRESS 1st Session S. 3290 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mr. Menendez (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a National Manufacturing Extension Partnership Supply Chain Database, and for other purposes.
1. Short title This Act may be cited as the National MEP Supply Chain Database Act of 2021 . 2. National Manufacturing Extension Partnership Supply Chain Database (a) Definitions In this section: (1) Center The term Center has the meaning given such term in section 25(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(a) ). (2) Database The term Database means the National Manufacturing Extension Partnership Supply Chain Database established under subsection (b). (3) Director The term Director means the Director of the National Institute of Standards and Technology. (4) Institute The term Institute means the National Institute of Standards and Technology. (b) Establishment of database (1) In general Subject to the availability of appropriations, the Director shall establish a database to assist the United States in minimizing disruptions in the supply chain by providing a resource for manufacturers in the United States. (2) Designation The database established under paragraph (1) shall be known as the National Manufacturing Extension Partnership Supply Chain Database . (c) Considerations In establishing the Database, the Director shall consider the findings and recommendations from the study required under section 9413 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), including measures to secure and protect the Database from adversarial attacks and vulnerabilities. (d) Connections with Hollings Manufacturing Extension Partnerships centers (1) In general The Director shall create the infrastructure for the Database through the Hollings Manufacturing Extension Partnership, established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ), by connecting information from the Centers through the Database. (2) National view The Director shall ensure that connections under paragraph (1)— (A) provide a national overview of the networks of supply chains of the United States; and (B) support understanding of whether there is a need for some manufacturers to retool in some critical areas to meet the urgent need for key products, such as defense supplies, food, and medical devices, including personal protective equipment. (3) Individual Hollings Manufacturing Extension Partnership center databases (A) In general The Director shall ensure that— (i) each Center is connected to the Database; and (ii) each supply chain database maintained by a Center is interoperable with the Database. (B) Rule of construction Nothing in this section shall be construed to require a State or territory of the United States to establish a new supply chain database through the Hollings Manufacturing Extension Partnership program. (e) Maintenance of national supply chain database The Director, acting through the Hollings Manufacturing Extension Partnership program or a designee of the program— (1) shall maintain the Database as an integration of State-level databases from the Center of each State or territory of the United States; and (2) may populate the Database with information from past, current, or potential clients of Centers. (f) Database content (1) In general The Database may include the following: (A) Basic company information. (B) An overview of capabilities, accreditations, and products. (C) Proprietary information. (D) Such other items as the Director considers necessary. (2) Standard classification system The Database shall use the North American Industry Classification System (NAICS) Codes as follows: (A) Sector 31–33—Manufacturing. (B) Sector 54—Professional, Scientific, and Technical Services. (C) Sector 48–49—Transportation and Warehousing. (3) Levels The Database shall be multi-leveled as follows: (A) Level 1 shall have basic company information and shall be available to the public. (B) Level 2 shall have a deeper, nonproprietary overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the Database and agree to terms of mutual disclosure. (C) Level 3 shall hold proprietary information. (4) Matters relating to disclosure and access (A) FOIA exemption The Database, and any information contained therein that is not publicly released by the Institute, shall be exempt from public disclosure under section 552(b)(3) of title 5, United States Code. (B) Limitation on access to content Access to a contributing company’s nonpublic content in the Database shall be limited to the contributing company, the Institute, and staff from a Center who sign such nondisclosure agreement as the Director considers appropriate. (C) Aggregated information The Director may make aggregated, de-identified information available to contributing companies, Centers, or the public, as the Director considers appropriate, in support of the purposes of this section. (g) Coordination with national technology and industrial base The Director, acting through the Hollings Manufacturing Extension Partnership program, may work with the National Defense Technology and Industrial Base Council established by section 2502(a) of title 10, United States Code, as the Director considers appropriate, to include in the Database information regarding the defense manufacturing supply chain. (h) Protections (1) In general Supply chain information that is voluntarily and lawfully submitted by a private entity and accompanied by an express statement described in paragraph (2)— (A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; (B) shall not be made available pursuant to any Federal, State, local, or Tribal authority pursuant to any Federal, State, local, or Tribal law requiring public disclosure of information or records; and (C) shall not, without the written consent of the person or entity submitting such information, be used directly by the Director, or any other Federal, State, or local authority in any civil enforcement action brought by a Federal, State, or local authority. (2) Express statement The express statement described in this paragraph, with respect to information or records, is— (A) in the case of written information or records, a written marking on the information or records substantially similar to the following: This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of section 2(h) of the National MEP Supply Chain Database Act of 2021 . ; or (B) in the case of oral information, a written statement similar to the statement described in subparagraph (A) submitted within a reasonable period following the oral communication. (i) Rules of construction (1) Private entities Nothing in this section shall be construed to require any private entity to share data with the Director specifically for to the Database. (2) Prohibition on new regulatory authority Nothing in this section shall be construed to grant the Director, or the head of any other Federal agency, with any authority to promulgate regulations or set standards on manufacturers, based on data within the Database, that was not in effect on the day before the date of enactment of this section. (j) Authorization of appropriations There are authorized to be appropriated— (1) $31,000,000 for fiscal year 2022 to develop and launch the Database; and (2) $26,000,000 for each of fiscal years 2023 through 2026 to maintain, update, and support Federal coordination of the State supply chain databases maintained by the Centers. | https://www.govinfo.gov/content/pkg/BILLS-117s3290is/xml/BILLS-117s3290is.xml |
117-s-3291 | II 117th CONGRESS 1st Session S. 3291 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to enhance efforts to address antibiotic resistance, and for other purposes.
1. Short title This Act may be cited as the Strategies To Address Antibiotic Resistance Act or the STAAR Act . 2. Combating antimicrobial resistance Section 319E of the Public Health Service Act ( 42 U.S.C. 247d–5 ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the first sentence, by striking and coordinate Federal programs relating to antimicrobial resistance and inserting relating to antimicrobial resistance, coordinate Federal programs relating to antimicrobial resistance, and implement the objectives of the National Action Plan for Combating Antibiotic-Resistant Bacteria, published in March 2015 in response to Executive Order 13676 of September 18, 2014 (79 Fed. Reg. 56931; relating to combating antibiotic-resistant bacteria) (referred to in this section as the Action Plan ) ; (B) by amending paragraph (2) to read as follows: (2) Members of task force The task force described in paragraph (1) shall be co-chaired by the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of Defense, and shall be composed of representatives of relevant Federal agencies and such executive departments, agencies, or offices as the co-chairs may designate. ; (C) by amending paragraph (4) to read as follows: (4) Meetings At least twice a year, the task force described in paragraph (1) shall have a public meeting to assess progress and obstacles to implementing the objectives of the Action Plan. The task force may discuss and review based on need or concern the following (among other issues): (A) Federal activities to slow the emergence of antimicrobial-resistant bacteria and prevent the spread of resistant infections. Such activities may include optimal use of vaccines and other infection control measures to prevent infections, implementation of health care policies and antimicrobial stewardship programs that improve patient outcomes, regional efforts to control transmission across community and health care settings, and public awareness campaigns. (B) Federal activities to strengthen national One-Health surveillance efforts, which are efforts addressing the interactions between human, animal, and environmental health, to combat antibiotic resistance. One-Health surveillance efforts to combat antibiotic resistance may include enhanced data sharing and coordination of surveillance and laboratory systems across human and animal settings, and enhanced monitoring of sales, usage, resistance, and management practices of antibiotic drugs along the food-production chain. Such surveillance and laboratory systems may include the National Healthcare Safety Network, the Emerging Infections Program, the National Antimicrobial Resistance Monitoring System, the National Animal Health Monitoring System, the National Animal Health Laboratory Network, the Veterinary Laboratory Investigation and Response Network, and the Antibiotic Resistance Laboratory Network. (C) Federal efforts to advance the development and use of rapid and innovative diagnostic tests for identification and characterization of antibiotic-resistant bacteria. Such efforts may include development of new diagnostic tests and expansion of their availability and use to improve treatment, infection control, and outbreak response. (D) Federal efforts to accelerate basic and applied research and development for new antibiotic drugs, other therapeutics, prevention efforts, and vaccines. Such efforts may include support for basic and applied research, provision of scientific services and guidance to researchers, and fostering of public-private partnerships. (E) Federal efforts to improve international collaboration and capacities for antibiotic-resistance prevention, surveillance, and control and antibiotic research and development. Such efforts may include collaborations with foreign ministries of health and agriculture, the World Health Organization, the Food and Agriculture Organization, the World Organization for Animal Health, and other multinational organizations. ; and (D) by adding at the end the following: (5) Availability of information The task force described in paragraph (1), to the extent permitted by law, shall— (A) provide the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria described in section 505 of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 with such information as may be required for carrying out the functions of such Advisory Council, including information on progress in advancing the Action Plan, meeting minutes, and other key information of the task force; and (B) ensure that all information described in subparagraph (A) is made available on the websites of the Department of Health and Human Services, the Department of Agriculture, and the Department of Defense. ; (2) in subsection (h)— (A) in the heading, by striking Information related to ; (B) by striking The Secretary and inserting the following: (1) Dissemination of information The Secretary ; and (C) by adding at the end the following: (2) Encouraging antimicrobial stewardship programs The Secretary shall encourage health care facilities to establish antimicrobial stewardship programs that are consistent with documents issued by the Centers for Disease Control and Prevention relating to the core elements of antimicrobial stewardship programs. (3) Definition of antimicrobial stewardship For purposes of this section, the term antimicrobial stewardship means coordinated interventions designed to improve and evaluate the appropriate use of antimicrobial agents, including promoting the use of antimicrobial drugs only when clinically indicated, and, when antimicrobial drugs are clinically indicated, promoting the selection of the optimal antimicrobial drug regimen, including through factors such as dosage, duration of therapy, and route of administration. ; (3) in subsection (m), by striking $40,000,000 and all that follows through the period at the end and inserting such sums as may be necessary for each of fiscal years 2022 through 2028. ; and (4) by adding at the end the following: (n) Annual report on implementing the Action Plan objectives Not later than 1 year after the date of the enactment of the Strategies To Address Antibiotic Resistance Act , and annually thereafter, the Secretary, in cooperation with the Secretary of Agriculture, the Secretary of Defense, and the task force described in subsection (a), shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make available on the websites of the Department of Health and Human Services, the Department of Agriculture, and the Department of Defense, a report on the progress made in implementing the objectives of the Action Plan. . 3. Additional strategies for combating antibiotic resistance Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 319E the following: 319E–1. Surveillance and reporting of antibiotic use and resistance (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network and other appropriate surveillance systems to assess— (1) appropriate conditions, outcomes, and measures causally related to antibacterial resistance, including types of infections, the causes for infections, and whether infections are acquired in a community or hospital setting, increased lengths of hospital stay, increased costs, and rates of mortality; and (2) changes in bacterial resistance to drugs in relation to patient outcomes, including changes in percent resistance, prevalence of antibiotic-resistant infections, and other such changes. (b) Antibiotic use data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with Federal agencies (including the Department of Veterans Affairs, the Department of Defense, and the Centers for Medicare & Medicaid Services), private vendors, health care organizations, pharmacy benefit managers, and other entities as appropriate to obtain reliable and comparable human antibiotic drug consumption data (including, as available and appropriate, volume antibiotic distribution data and antibiotic use data, including prescription data) by State or metropolitan areas. (c) Antibiotic resistance trend data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall intensify and expand efforts to collect antibiotic resistance data and encourage adoption of the antibiotic resistance and use module within the National Healthcare Safety Network among all health care facilities across the continuum of care, including, as appropriate, acute care hospitals, dialysis facilities, nursing homes, ambulatory surgical centers, and other ambulatory health care settings in which antimicrobial medications are routinely prescribed. The Secretary shall seek to collect such data from electronic medication administration reports and laboratory systems to produce the reports described in subsection (d). (d) Public availability of data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, for the purposes of improving the monitoring of important trends in patient outcomes in relation to antibacterial resistance— (1) make the data derived from surveillance under this section publicly available through reports issued on a regular basis that is not less than annually; and (2) examine opportunities to make such data available in near real time. 319E–2. Detecting network of antibiotic resistance regional laboratories (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish not less than 7 Antibiotic Resistance Surveillance and Laboratory Network sites, building upon the intramural and extramural programs and laboratories of the Centers for Disease Control and Prevention, to intensify, strengthen, and expand the national capacity to— (1) monitor the emergence and changes in the patterns of antibiotic-resistant bacteria; (2) describe, confirm, and, as necessary, facilitate a response to, local or regional outbreaks of resistant bacteria; (3) assess and describe antibiotic resistance patterns to inform public health and improve prevention practices; (4) obtain isolates of pathogens, and in particular, bacteria that show new or atypical patterns of resistance adversely affecting public health; (5) assist in studying the epidemiology of infections from such pathogens; (6) evaluate commonly used antibiotic susceptibility testing methods to improve the accuracy of resistance testing and reporting; (7) as necessary, develop or evaluate novel diagnostic tests capable of detecting new or emerging resistance in bacteria; (8) link data generated by regional laboratory networks under existing public health surveillance networks and relevant government agencies; and (9) provide laboratory assistance and reference testing of antibiotic-resistant bacteria to enhance infection control and facilitate outbreak detection and response in health care and community settings. (b) Geographic distribution The sites established under subsection (a) shall be geographically distributed across the United States. (c) Nonduplication of current national capacity The sites established under subsection (a) may be based in academic centers, health departments, and existing surveillance and laboratory sites. 319E–3. Clinical trials network on antibacterial resistance (a) In General The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases, shall maintain a Clinical Trials Network on Antibacterial Resistance to enhance, strengthen, and expand research on clinical science, antibacterial and diagnostic development, and optimal usage strategies with respect to addressing antibacterial resistance. Such Network shall, at a minimum— (1) facilitate research to better understand resistance mechanisms and how to prevent, control, and treat resistant organisms; (2) advance clinical trial efforts to develop antibiotics diagnostics, and evaluate and optimize the usage of such antibiotics diagnostics; (3) conduct clinical research to develop natural histories of resistant infectious diseases; (4) examine patient outcomes with currently available antibiotic therapy and validate and improve upon biomarkers and other surrogate endpoints; and (5) study shorter treatment duration and early cessation of antibiotic therapy for treatment efficacy and the effect on development of resistance. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2028. 319E–4. Regional prevention collaborative efforts (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with State and local health departments to support the expansion of collaborative efforts by groups of health care facilities that focus on preventing the spread of antibiotic-resistant bacteria that pose a serious threat to public health, and that are designed to interrupt and prevent the transmission of significant antibiotic-resistant pathogens being transmitted across health care settings in a geographic region. Such collaborative efforts shall— (1) identify significant drug resistant pathogens being transmitted across health care settings locally; (2) implement evidence-based interventions to interrupt the transmission of antibiotic-resistant strains of bacteria and prevent the infections caused by such bacteria, including evidence-based transmission prevention guidelines, rigorous hand-hygiene protocols, and infection control and prevention measures; (3) assess compliance and identify barriers to adherence to such measures; (4) evaluate the impact of such measures, to the extent possible, on hospital readmissions in health care facilities across the continuum of care, rates of health care associated infections, or any other relevant measures that characterize the health or economic impact of the collaborative efforts; and (5) provide recommendations for improved outcomes and compliance with such measures. (b) Prevention epicenters (1) Expansion The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may intensify and expand academic public health partnerships through the Prevention Epicenters Program to provide the regional prevention collaboration efforts described in subsection (a) with tools, strategies, and evidence-based interventions. (2) Evaluations and research The Director of the Centers for Disease Control and Prevention and the epicenters participating in the Prevention Epicenters Program shall work with entities, including the entities participating in the regional prevention collaborative efforts, to— (A) evaluate new and existing interventions to prevent or limit infection rates in health care facilities across the continuum of care and in community settings; (B) facilitate public health research on the prevention and control of resistant organisms; and (C) assess the feasibility, cost-effectiveness, and appropriateness of surveillance and prevention programs in differing health care and institutional settings. (c) Educational materials The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the evaluations, research, and assessments described in subsection (b) to create and disseminate educational materials focused on infection prevention and control for use in health care facilities across the continuum of care and in community settings. . 4. Protection of confidential and national security information This Act, and the amendments made by this Act, shall not be construed to permit the disclosure of any trade secret, confidential commercial information, or material inconsistent with national security, that is otherwise prohibited by law. | https://www.govinfo.gov/content/pkg/BILLS-117s3291is/xml/BILLS-117s3291is.xml |
117-s-3292 | II 117th CONGRESS 1st Session S. 3292 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mrs. Gillibrand (for herself, Ms. Collins , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to initiate hearings to review Federal milk marketing orders relating to pricing of Class I skim milk, and for other purposes.
1. Short title This Act may be cited as the Dairy Pricing Opportunity Act of 2021 . 2. Notice and hearings (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall provide notice of, and initiate, national hearings to review Federal milk marketing orders under section 8c(3) of the Agricultural Adjustment Act ( 7 U.S.C. 608c(3) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, which shall include review and consideration of views and proposals of producers and the dairy industry on the Class I skim milk price, including the higher of Class I skim milk formula described in subsection (b) and any other views and proposals on the Class I skim milk price, and such other matters as the Secretary of Agriculture considers appropriate. (b) Higher of Class I skim milk formula described The higher of Class I skim milk formula referred to in subsection (a) is the formula under which, for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), is equal to the sum obtained by adding— (1) the adjusted Class I differential specified in section 1000.52 of that title (or successor regulations); (2) the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of that title (or successor regulations); and (3) the higher of— (A) the advanced pricing factor computed under section 1000.50(q)(1) of that title (or successor regulations); and (B) the advanced pricing factor computed under section 1000.50(q)(2) of that title (or successor regulations). | https://www.govinfo.gov/content/pkg/BILLS-117s3292is/xml/BILLS-117s3292is.xml |
117-s-3293 | II 117th CONGRESS 1st Session S. 3293 IN THE SENATE OF THE UNITED STATES December 1, 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 expand access of veterans to mental health care from the Department of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Post-9/11 Veterans’ Mental Health Care Improvement Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Access to care Sec. 101. Improvement of sleep disorder care furnished by Department of Veterans Affairs. Sec. 102. Mental health consultations. Sec. 103. Study on inpatient mental health and substance use care from Department of Veterans Affairs. Sec. 104. Study on treatment from Department of Veterans Affairs for co-occurring mental health and substance use disorders. TITLE II—Mental health workforce Sec. 201. Expansion of Vet Center workforce. Sec. 202. Expansion of mental health training for Department of Veterans Affairs. Sec. 203. Expansion of scholarships and loan repayment programs for mental health providers. Sec. 204. Study on workload of suicide prevention teams of Department of Veterans Affairs. TITLE III—Mental health research Sec. 301. Expansion of suicide prevention and mental health research. Sec. 302. Study on mental health and suicide prevention support for military families. Sec. 303. Research on brain health. Sec. 304. Study on efficacy of clinical and at-home resources for post-traumatic stress disorder. I Access to care 101. Improvement of sleep disorder care furnished by Department of Veterans Affairs (a) In general Pursuant to the analysis conducted under subsection (b), the Secretary of Veterans Affairs shall take such action as the Secretary considers appropriate to improve the assessment and treatment of veterans with sleep disorders, including by conducting in-home sleep studies for veterans. (b) Analysis The Secretary shall conduct an analysis of the ability of the Department of Veterans Affairs to treat sleep disorders among veterans, including— (1) assessment and treatment options for such disorders; (2) barriers to care for such disorders, such as wait time, travel time, and lack of staffing; (3) the efficacy of the clinical practice guidelines of the Department of Veterans Affairs and the Department of Defense for such disorders; and (4) the availability of and efficacy of the use by the Department of Veterans Affairs of cognitive behavioral therapy for insomnia. (c) Report Not later than two years 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— (1) the findings from the analysis conducted under subsection (b); and (2) any actions taken under subsection (a) to improve the assessment and treatment of veterans with sleep disorders. (d) Authorization of appropriations for in-Home sleep studies There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to be used to conduct in-home sleep studies for veterans, as part of sleep disorder assessment and treatment conducted by the Department of Veterans Affairs. 102. Mental health consultations (a) Mental health consultations for veterans filing for compensation (1) In general Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1167. Mental health consultations (a) In general Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of and care options for the veteran. (b) Availability The Secretary shall ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate. . (2) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by adding at the end the following new item: 1167. Mental health consultations. . (b) Mental health consultations for veterans entering Homeless Programs Office programs (1) In general Subchapter VII of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: 2068. Mental health consultations (a) In general Not later than two weeks after the date on which a veteran described in subsection (b) enters into a program administered by the Homeless Programs Office of the Department, the Secretary shall offer the veteran a mental health consultation to assess the health needs of and care options for the veteran. (b) Veteran described A veteran described in this subsection is a veteran to whom a mental health consultation is not offered or provided through the case management services of the program of the Homeless Programs Office into which the veteran enters. . (2) Clerical amendment The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item: 2068. Mental health consultations. . 103. Study on inpatient mental health and substance use care from Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the conduct of a study on access of veterans to care under the residential rehabilitation treatment programs of the Department of Veterans Affairs to determine— (1) if there are sufficient geographic offerings of inpatient mental health care, especially for veterans in rural and remote communities; (2) if there are sufficient bed spaces at each location, based on demand and drive time from the homes of veterans; (3) if there are any workforce-related capacity limitations at each location, including if beds are unable to be used because there are not enough providers to care for additional patients; (4) if there are diagnosis-specific or sex-specific barriers to accessing care under such programs; and (5) the average wait time for a bed in such a program, broken out by— (A) Veterans Integrated Service Network; (B) rural or urban area; (C) sex; and (D) specialty (general program, substance use disorder program, military sexual trauma program, etc.). (b) Recommendations for modifications to treatment programs Using the results from the study conducted under subsection (a), the Secretary shall make recommendations for— (1) new locations for opening facilities to participate in the residential rehabilitation treatment programs of the Department; (2) facilities under such programs at which new beds can be added; and (3) any additional specialty tracks to be added to such programs, such as substance use disorder or military sexual trauma, in order to meet veteran need and demand. (c) Report Not later than 180 days after completion of the study under 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 study conducted under subsection (a) and the recommendations made by the Secretary under subsection (b). 104. Study on treatment from Department of Veterans Affairs for co-occurring mental health and substance use disorders (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study examining— (1) the availability of treatment programs for veterans with co-occurring mental health and substance use disorders (including both inpatient and outpatient care); (2) any geographic disparities in access to such programs, such as for rural and remote veterans; and (3) the average wait times for care under such programs. (b) Report (1) In general Not later than two years 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 study conducted under subsection (a). (2) Elements The report required by paragraph (1) shall include— (A) any recommendations resulting from the study conducted under subsection (a) with respect to improving timeliness and quality of care and meeting treatment preferences for veterans with co-occurring mental health and substance use disorders; and (B) a description of any actions taken by the Secretary to improve care for such veterans. II Mental health workforce 201. Expansion of Vet Center workforce (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall hire an additional 100 full-time equivalent employees for Vet Centers to bolster the workforce of Vet Centers and to provide expanded mental health care to veterans, members of the Armed Forces, and their families through outreach, community access points, outstations, and Vet Centers. (b) Vet center defined In this section, the term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code. 202. Expansion of mental health training for Department of Veterans Affairs (a) In general Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Office of Mental Health and Suicide Prevention and the Office of Academic Affiliations, shall add an additional 500 paid trainee slots in covered mental health disciplines to the workforce of the Department of Veterans Affairs. (b) Covered mental health disciplines defined In this section, the term covered mental health disciplines means psychiatry, psychology, advanced practice nursing (with a focus on mental health or substance use disorder), social work, licensed professional mental health counseling, and marriage and family therapy. 203. Expansion of scholarships and loan repayment programs for mental health providers (a) Expansion of Health Professional Scholarship Program Beginning in academic year 2022, the Secretary of Veterans Affairs shall include not fewer than an additional (as compared to academic year 2021) 50 awards per academic year under the Department of Veterans Affairs Health Professional Scholarship Program under subchapter II of chapter 76 of title 38, United States Code, for applicants otherwise eligible for such program who are pursuing degrees or training in mental health disciplines, including advanced practice nursing (with a focus on mental health or substance use disorder), psychology, and social work. (b) Expansion of Education Debt Reduction Program (1) In general Beginning in fiscal year 2022, the Secretary shall provide not fewer than an additional (as compared to fiscal year 2021) 200 debt reduction awards per year under the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of title 38, United States Code, to be used to recruit mental health professionals to the Department of Veterans Affairs in disciplines that include psychiatry, psychology, advanced practice nursing (with a focus on mental health or substance use disorder), and social work. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary of Veterans Affairs $8,000,000 per year to carry out the additional awards under paragraph (1). (c) Outreach (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall develop a public awareness campaign to encourage veterans and mental health professionals to choose the Department for their mental health career. (2) Elements The campaign required under paragraph (1)— (A) shall advertise the paid trainee, scholarship, and loan repayment opportunities offered by the Department; and (B) may highlight the new graduate medical education residencies available at the Department for medical students entering residency. 204. Study on workload of suicide prevention teams of Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs, acting through the Under Secretary for Health and the Office of Mental Health and Suicide Prevention, shall conduct a study evaluating the workload of local suicide prevention teams of the Department of Veterans Affairs. (b) Elements The study conducted under subsection (a) shall— (1) identify the effects of the growth of the suicide prevention program of the Department on the workload of suicide prevention teams; (2) incorporate key practices for staffing model design in determining suicide prevention staffing needs; and (3) determine which facilities of the Department need increased suicide prevention coordinator staffing to meet the needs of veterans, with an emphasis placed on facilities with high patient volume and facilities located in States with high rates of veteran suicide. (c) Report 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— (1) on the findings of the study conducted under subsection (a); and (2) indicating any changes made to the staffing of suicide prevention teams of the Department resulting from the determinations made under subsection (b)(3), including a list of facilities of the Department where staffing was adjusted. III Mental health research 301. Expansion of suicide prevention and mental health research There is authorized to be appropriated to the Department of Veterans Affairs an additional $10,000,000 to be used by the Center of Excellence for Suicide Prevention of the Department and the Rocky Mountain Mental Illness Research Education and Clinical Center for purposes of conducting research on the factors impacting veteran suicide and best practices for early intervention and support. 302. Study on mental health and suicide prevention support for military families (a) In general The Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall conduct a study on secondary post-traumatic stress disorder and depression and its impact on spouses, children, and caregivers of members of the Armed Forces. (b) Report (1) In general Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress, veterans service organizations, and military support organizations a report on the findings of the study conducted under subsection (a). (2) Definitions In this subsection: (A) Military support organization The term military support organization has the meaning given that term by the Secretary of Defense. (B) Veterans service organization The term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 303. Research on brain health There is authorized to be appropriated to the Department of Veterans Affairs an additional $5,000,000 for ongoing and future research at the Translational Research Center of the Department of Veterans Affairs for traumatic brain injury and stress disorders to provide better understanding of and improved treatment options for post-9/11 veterans with traumatic brain injury or post-traumatic stress disorder. 304. Study on efficacy of clinical and at-home resources for post-traumatic stress disorder Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, through the Office of Research and Development of the Department of Veterans Affairs, shall conduct a study on— (1) the efficacy of clinical and at-home resources, such as mobile applications like COVID Coach, for providers, veterans, caregivers, and family members to use for dealing with stressors; (2) the feasibility and advisability of developing more such resources; (3) strategies for improving mental health care and outcomes for veterans with post-traumatic stress disorder; and (4) best practices for helping family members of veterans deal with secondary post-traumatic stress disorder or mental health concerns. | https://www.govinfo.gov/content/pkg/BILLS-117s3293is/xml/BILLS-117s3293is.xml |
117-s-3294 | 117th CONGRESS 1st Session S. 3294 IN THE SENATE OF THE UNITED STATES AN ACT To obtain and direct the placement in the Capitol or on the Capitol Grounds of a statue to honor Associate Justice of the Supreme Court of the United States Sandra Day O'Connor and a statue to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg.
1. Findings (a) Sandra Day O’Connor Congress finds the following: (1) Sandra Day O’Connor was born in 1930 in El Paso, Texas, and spent her childhood on her family’s isolated Arizona cattle ranch. She lived with her grandmother in El Paso during the school year, away from her home and parents. (2) O’Connor matriculated to Stanford University at the age of 16, and combined her undergraduate and law school curricula, graduating with a bachelor’s degree in economics and a law degree in just 6 years. She was third in her law school class, behind William Rehnquist, her future colleague on the Supreme Court of the United States (in this section referred to as the Supreme Court ). (3) Despite her qualifications, O’Connor could not find work as an attorney because of bias against women in the law. She ended up negotiating for an unpaid position in the San Mateo County District Attorney’s office at a shared desk, while her husband, John, finished at Stanford Law School 1 year later. (4) O’Connor traveled to Frankfurt, Germany, in 1954 with her husband John, who had joined the United States Army Judge Advocate General’s Corps, where she was able to find work as a civilian attorney with the United States Army Quartermaster Corps. In 1957, O’Connor returned to Arizona and still could not find work with a traditional law firm due to her gender, so she hung out a shingle as a sole practitioner. (5) In 1965, O’Connor was hired as an Assistant Attorney General for the State of Arizona. (6) Active in Republican Party politics and well-received for her work at the Arizona State Capitol, O’Connor was appointed to an Arizona State Senate seat in 1969 when the incumbent, also a woman, was appointed to a Federal position and vacated the office. (7) In 1970, O’Connor was elected to the Arizona State Senate and served 2 consecutive terms. In 1972, she was selected as Majority Leader of the Arizona State Senate, the first time a woman held such a position in any State. (8) In 1974, O’Connor ran for office as a trial court judge. She won and was later appointed to the Arizona Court of Appeals in 1979. (9) On August 19, 1981, President Ronald Reagan nominated O’Connor to be an Associate Justice of the Supreme Court, to fill the seat vacated by Associate Justice Potter Stewart. On September 21, 1981, the Senate confirmed O’Connor’s nomination by a unanimous vote, making her the first woman to serve on the Supreme Court. (10) O’Connor established herself as a pragmatic, independent voice on the Supreme Court, casting decisive votes during a time when the Court was being asked to resolve politically charged issues. (11) In the 1982 case of Mississippi University for Women v. Hogan, O’Connor wrote the majority opinion holding that the State could not prevent men from enrolling in an all-women’s nursing school, writing that laws discriminating on the basis of sex would be allowed only if there was an exceedingly persuasive justification for them. (12) O’Connor sought, when possible, to find the middle ground between her often-divided colleagues, frequently joining the majority decision but presenting her views in concurring opinions that eschewed broad constitutional doctrine in favor of resolving the cases before the Court. (13) O’Connor put a very public face on the role of the Supreme Court, domestically and around the world. She became the Court’s most prolific public speaker, traveling to all 50 States and to countless law schools, libraries, and public events to describe how the Court works and its role in our constitutional form of government. She traveled worldwide as an ambassador for the Rule of Law and the independence of judiciaries everywhere. (14) After 24 years on the Supreme Court, O’Connor announced her retirement to care for her ailing husband, who had Alzheimer’s disease. President George W. Bush nominated John Roberts, Jr., for the vacancy, but before Roberts was confirmed, Chief Justice Rehnquist passed away, creating a second vacancy. President Bush personally appealed to O’Connor to remain on the Court so he could nominate Roberts for the Chief Justice vacancy and have more time to make a second nomination to the Court. In yet another act of public service, O’Connor agreed to serve until Samuel Alito was confirmed to fill her seat on January 31, 2006. (15) O’Connor began her retirement with 2 goals. One was to convince more States to adopt merit selection of judges for filling vacancies in State courts. The second was to educate the public on the importance of an independent judiciary. Her judicial independence work led to her awareness of a national civics education deficit. (16) In 2009, O’Connor created iCivics.org to educate young Americans about civics and what it means to be a citizen. That endeavor grew to become the largest civics education platform in the country, with over 7,000,000 students annually enrolling in the programs. Its popularity was due to a captivating online, interactive gaming approach. The program was free to all and had no advertising. iCivics played a crucial role in Educating for American Democracy, a federally funded initiative to improve civics and history education, which released its reports in March 2021. (b) Ruth Bader Ginsburg Congress finds the following: (1) Ruth Bader Ginsburg was born in 1933 in Brooklyn, New York, and grew up in a low-income, working-class neighborhood. (2) Ginsburg graduated from Cornell University in 1954, finishing first in her class. Following her graduation, Ginsburg enrolled at Harvard Law School in 1956, entering into a class of 552 men and only 8 other women. (3) As a law student, Ginsburg became the first female member of the Harvard Law Review, a prestigious legal journal. She also cared for her husband, Martin Ginsburg, who had been diagnosed with cancer, and their young daughter. Ginsburg finished her legal education at Columbia Law School, where she graduated first in her class in 1959. (4) Ginsburg taught at Rutgers University Law School from 1963 to 1972 and at Columbia Law School from 1972 to 1980, where she became the school’s first female tenured professor. (5) During the 1970s, Ginsburg served as the director of the Women’s Rights Project of the American Civil Liberties Union. In this position, she led the fight against gender discrimination and successfully argued 6 landmark cases before the Supreme Court. (6) Ginsburg won 5 cases on gender discrimination before the Supreme Court, including the case Weinberger v. Wiesenfeld, which involved a portion of the Social Security Act that favored women over men, because the Act granted certain benefits to widows, but not widowers. (7) In 1980, President Jimmy Carter nominated Ginsburg to a seat on the United States Court of Appeals for the District of Columbia Circuit. (8) On June 22, 1993, President Bill Clinton nominated Ginsburg to be an Associate Justice of the Supreme Court, to fill the seat vacated by Associate Justice Byron White. On August 3, 1993, the Senate confirmed Ginsburg’s nomination to the Supreme Court by a 96 to 3 vote. (9) Ginsburg became the second female justice to serve on the Supreme Court, as well as the first Jewish female justice to serve on the Supreme Court. (10) As a justice, Ginsburg presented a strong voice in favor of gender equality, voting rights, the rights of workers, and the separation of church and state. (11) In 1996, Ginsburg wrote the Supreme Court’s landmark decision in United States v. Virginia, which held that the State-supported Virginia Military Institute could not refuse to admit women. (12) Ginsburg famously dissented in Ledbetter v. Goodyear Tire & Rubber Co., where the plaintiff, a female worker being paid significantly less than males with her same qualifications, sued under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), but was denied relief under a statute of limitation issue. Ginsburg broke with tradition and wrote a high colloquial version of her dissent to read from the bench. In her dissent, she also called for Congress to undo this interpretation of the law. (13) Ginsburg’s impactful dissent in Ledbetter v. Goodyear Tire & Rubber Co. led to the successful passage of the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ; 123 Stat. 5), which was the first piece of legislation signed by President Barack Obama. (14) Until the 2018 term, Ginsburg had not missed a day of oral arguments, not even when she was undergoing chemotherapy for pancreatic cancer, after surgery for colon cancer, or the day after her husband passed away in 2010. (15) Ginsburg passed away on September 18, 2020. 2. Statues honoring Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg (a) Obtaining of statues (1) In general Not later than 2 years after the date of the enactment of this Act, in consultation with the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and under such terms and conditions as the Joint Committee of Congress on the Library considers appropriate, consistent with applicable law, the Joint Committee shall— (A) enter into an agreement to obtain a statue honoring Associate Justice of the Supreme Court of the United States Sandra Day O’Connor; and (B) enter into an agreement to obtain a statue honoring Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg. (2) Consideration In selecting one or more artists to make the statues obtained under paragraph (1), the Joint Committee of Congress on the Library shall make the announcement available to, and consider, artists from a variety of backgrounds, including artists from underrepresented demographic groups. (b) Installation (1) In general The Architect of the Capitol, under the direction of the Joint Committee of Congress on the Library, shall permanently install each statue obtained under subsection (a) in a prominent location in the Capitol or on the Capitol Grounds, as described in section 5102 of title 40, United States Code. (2) Priority for location In determining the location for the permanent installation of each statue obtained under subsection (a), the Joint Committee of Congress on the Library shall give priority to identifying an appropriate location near the Old Supreme Court Chamber of the United States Capitol. (c) Funding Amounts available in the Capitol Preservation Fund established under section 803 of the Arizona-Idaho Conservation Act of 1988 ( 2 U.S.C. 2083 ) may be used by the Joint Committee of Congress on the Library for payments for the costs of creating and installing the statues obtained under subsection (a), without regard to subsections (b) and (d) of such section, provided that not more than $500,000 of such amounts may be used for each statue obtained under subsection (a).
Passed the Senate December 9, 2021. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s3294es/xml/BILLS-117s3294es.xml |
117-s-3295 | II 117th CONGRESS 1st Session S. 3295 IN THE SENATE OF THE UNITED STATES December 1, 2021 Ms. Smith (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase access to pre-exposure prophylaxis to reduce the transmission of HIV.
1. Short title This Act may be cited as the PrEP Access and Coverage Act . 2. Findings; sense of Congress (a) Findings Congress finds as follows: (1) The Centers for Disease Control and Prevention estimates that approximately 1,100,000 people in the United States are living with HIV. (2) In 2019, there were 36,398 new diagnoses of HIV in the United States. (3) HIV disproportionately impacts gay and bisexual men, transgender women, and, in particular, people of color. For example, in 2019, approximately 66 percent of new HIV diagnoses were among gay and bisexual men, 42 percent of new HIV diagnoses were among Black people, and 22 percent of new HIV diagnoses were among Latinx people. Recent studies suggest that transgender women are up to 49 times more likely to be diagnosed with HIV than the general population. Members of communities at the intersections of these groups are most heavily impacted. (4) Pre-exposure prophylaxis (referred to in this section as PrEP ) is a daily antiretroviral medication that helps prevent individuals from acquiring HIV. Daily PrEP use reduces the risk of getting HIV from sex by about 99 percent. It reduces the risk of getting HIV from injection drug use by at least 74 percent. (5) Many individuals at risk of exposure to HIV do not use PrEP. Of the approximately 1,100,000 people in the United States who could benefit from PrEP, only 23 percent, or nearly 285,000 individuals, filled prescriptions for the drug in 2019. (6) PrEP usage is inconsistent across racial and gender lines. In 2019, only 8 percent of Black/African American and 14 percent of Hispanic/Latinx persons who were eligible for PrEP were prescribed it, compared to 63 percent of white persons. Additionally, slightly less than 10 percent of women eligible for PrEP received a prescription in 2019. (7) There are currently 2 brand name drugs and 1 generic drug approved by the Food and Drug Administration for the use of PrEP on a daily basis. Other types of HIV prevention treatments, including a long-acting injectable, which is currently under FDA review, and long-acting oral pills, implants, and vaginal rings are in the research pipeline. These new innovations can increase widespread use of PrEP along with adherence, which can speed the Nation’s goal to end HIV and address inequities in health care. (8) Section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ) requires most private health insurance plans to cover preventive services without cost-sharing, including such services with a rating of A or B under recommendations of the United States Preventive Services Task Force. On June 11, 2019, the United States Preventive Services Task Force issued a final recommendation giving an A grade for PrEP for individuals at high risk of HIV; non-grandfathered private health insurance plans have to cover PrEP for such individuals without cost-sharing effective January 2021. (9) Joint guidance issued by the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury on July 19, 2021, clarifies that ancillary services necessary to maintain the PrEP regime, including subsequent provider visits, clinical testing, and other services, is required to be covered by health insurers without cost-sharing. (10) Permanently expanding access to cost-free PrEP and ancillary services for all individuals, including individuals who do not have health insurance, through legislation, is a critical step towards eliminating HIV transmission. (11) Post-exposure prophylaxis (referred to in this section as PEP ) is a daily antiretroviral treatment which, when initiated promptly after a sexual or other exposure to blood or body fluids that is associated with a high risk of HIV transmission, is highly effective at preventing HIV infection. (12) The Centers for Disease Control and Prevention recommends PEP for an individual who has experienced a high-risk exposure incident, provided that the individual tests HIV-negative, initiates such treatment no later than 72 hours after exposure, and continues the treatment for 28 days. (13) Despite PEP’s proven effectiveness in preventing HIV infection after high-risk sexual exposures, awareness of PEP is low among individuals who would benefit from the treatment. Studies suggest that awareness of PEP and of the importance of its prompt initiation is particularly low among young gay and bisexual men of color, transgender persons, and women of all gender identities. (14) Adequate knowledge of guidelines issued by the Centers for Disease Control and Prevention for assessing indications for PEP and for initiating and sustaining PEP are low among health care providers and staff. Because PEP is an emergency intervention, insufficient knowledge among providers and staff in hospital emergency rooms, urgent care centers, community health centers, and primary care physicians is of particular concern. (15) Private and public health insurance plans and programs frequently impose requirements for coverage of PEP, including pre-authorization requirements and requirements to obtain the medications through designated specialty pharmacies and mail-order programs that pose significant obstacles to timely initiation of treatment. (16) Insurance deductibles and co-payments for PEP medications create significant barriers to PEP utilization by many individuals who have experienced high-risk incidents. (b) Sense of Congress It is the sense of Congress that the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury should ensure compliance with the requirements described in paragraphs (8) and (9) of subsection (a). 3. Coverage of HIV testing and prevention services (a) Private insurance (1) In general Section 2713(a)of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) ) is amended— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) in paragraph (3), by striking the period and inserting a semicolon; (C) in paragraph (4), by striking the period and inserting a semicolon; (D) in paragraph (5), by striking the period and inserting ; and ; and (E) by adding at the end the following: (6) any prescription drug approved by the Food and Drug Administration for the prevention of HIV (other than a drug subject to preauthorization requirements consistent with section 2729A), administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (2) Prohibition on preauthorization requirements Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. ) is amended by adding at the end the following: 2729A. Prohibition on preauthorization requirements with respect to certain services A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not impose any preauthorization requirements with respect to coverage of the services described in section 2713(a)(6), except that a plan or issuer may impose preauthorization requirements with respect to coverage of a particular drug approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of this Act if such plan or issuer provides coverage without any preauthorization requirements for a drug that is therapeutically equivalent. . (b) Coverage under Federal Employees Health Benefits Program Section 8904 of title 5, United States Code, is amended by adding at the end the following: (c) Any health benefits plan offered under this chapter shall include benefits for, and may not impose any cost-sharing requirements for, any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (c) Medicaid (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)(4)— (i) by striking ; and (D) and inserting ; (D) ; (ii) by striking ; and (E) and inserting ; (E) ; (iii) by striking ; and (F) and inserting ; (F) ; and (iv) by striking the semicolon at the end and inserting ; and (G) HIV prevention services; ; and (B) by adding at the end the following new subsection: (jj) HIV prevention services For purposes of subsection (a)(4)(G), the term HIV prevention services means prescription drugs for the prevention of HIV acquisition, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (2) No cost-sharing Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (A) in section 1916, by inserting HIV prevention services described in section 1905(a)(4)(G), after section 1905(a)(4)(C), each place it appears; and (B) in section 1916A(b)(3)(B), by adding at the end the following new clause: (xii) HIV prevention services described in section 1905(a)(4)(G). . (3) Inclusion in benchmark coverage Section 1937(b)(7) of the Social Security Act ( 42 U.S.C. 1396u–7(b)(7) ) is amended— (A) in the paragraph header, by inserting and HIV prevention services after supplies ; and (B) by striking includes for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section and inserting includes medical assistance for HIV prevention services described in section 1905(a)(4)(G), and includes, for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section . (d) CHIP (1) In general Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ) is amended— (A) in subsection (a), by striking and (8) and inserting (8), (10), (11), and (12) ; and (B) in subsection (c), by adding at the end the following new paragraph: (12) HIV prevention services Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage of HIV prevention services (as defined in section 1905(jj)). . (2) No cost-sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended by inserting HIV prevention services described in subsection (c)(12), before or for pregnancy-related assistance . (3) Effective date (A) In general Subject to subparagraph (A), the amendments made by subsection (c) and this subsection shall take effect on January 1, 2023. (B) Delay permitted if State legislation required In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. (e) Coverage and elimination of cost-Sharing under Medicare (1) Coverage of HIV prevention services under part B (A) Coverage (i) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (I) in subparagraph (GG), by striking and at the end; (II) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following new subparagraph: (II) HIV prevention services (as defined in subsection (lll)); . (ii) Definition Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) HIV prevention services The term HIV prevention services means— (1) drugs or biologicals approved by the Food and Drug Administration for the prevention of HIV; (2) administrative fees for such drugs; (3) laboratory and other diagnostic procedures associated with the use of such drugs; and (4) clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (B) Elimination of coinsurance Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (i) by striking and (DD) and inserting (DD) ; and (ii) by inserting before the semicolon at the end the following: and (EE) with respect to HIV prevention services (as defined in section 1861(lll)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the service or the amount determined under the fee schedule that applies to such services under this part, and (ii) in the case of such services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t) . (C) Exemption from part B deductible Section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (i) in paragraph (11), by striking and at the end; and (ii) in paragraph (12), by striking the period at the end and inserting , and (13) such deductible shall not apply with respect to HIV prevention services (as defined in section 1861(lll)). . (D) Effective date The amendments made by this paragraph shall apply to items and services furnished on or after January 1, 2023. (2) Elimination of cost-Sharing for drugs for the prevention of HIV under part D (A) In general Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ) is amended— (i) in paragraph (1)(A), by striking The coverage and inserting Subject to paragraph (8), the coverage ; (ii) in paragraph (2)(A), by striking and (D) and inserting and (D) and paragraph (8) ; (iii) in paragraph (3)(A), by striking and (4) and inserting (4), and (8) ; (iv) in paragraph (4)(A)(i), by striking The coverage and inserting Subject to paragraph (8), the coverage ; and (v) by adding at the end the following new paragraph: (8) Elimination of cost-sharing for drugs for the prevention of HIV (A) In general For plan year 2023 and each subsequent plan year, there shall be no cost-sharing under this part (including under section 1814D–14) for covered part D drugs that are for the prevention of HIV. (B) Cost-sharing For purposes of subparagraph (A), the elimination of cost-sharing shall include the following: (i) No application of deductible The waiver of the deductible under paragraph (1). (ii) No application of coinsurance The waiver of coinsurance under paragraph (2). (iii) No application of initial coverage limit The initial coverage limit under paragraph (3) shall not apply. (iv) No cost-sharing above annual out-of-pocket threshold The waiver of cost-sharing under paragraph (4). . (B) Conforming amendments to cost-sharing for low-income individuals Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking In the case and inserting Subject to section 1860D–2(b)(8), in the case ; and (ii) in paragraph (2), in the matter preceding subparagraph (A), by striking In the case and inserting Subject to section 1860D–2(b)(8), in the case . (f) Coverage of HIV prevention treatment by Department of Veterans Affairs (1) Elimination of medication copayments Section 1722A(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (5) Paragraph (1) does not apply to a medication for the prevention of HIV. . (2) Elimination of hospital care and medical services copayments Section 1710 of such title is amended— (A) in subsection (f)— (i) by redesignating paragraph (5) as paragraph (6); and (ii) by inserting after paragraph (4) the following new paragraph (5): (5) A veteran shall not be liable to the United States under this subsection for any amounts for laboratory and other diagnostic procedures associated with the use of any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, or for laboratory or other diagnostic procedures associated with the use of such drugs, or clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. ; and (B) in subsection (g)(3), by adding at the end the following new subparagraph: (C) Any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (3) Inclusion as preventive health service Section 1701(9) of such title is amended— (A) in subparagraph (K), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (L) as subparagraph (M); and (C) by inserting after subparagraph (K) the following new subparagraph (L): (L) any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation; and . (g) Coverage of HIV prevention treatment by Department of Defense (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1079c the following new section: 1079d. Coverage of HIV prevention treatment (a) In general The Secretary of Defense shall ensure coverage under the TRICARE program of HIV prevention treatment described in subsection (b) for any beneficiary under section 1074(a) of this title. (b) HIV prevention treatment described HIV prevention treatment described in this subsection includes any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. (c) No cost-Sharing Notwithstanding section 1075, 1075a, or 1074g(a)(6) of this title or any other provision of law, there is no cost-sharing requirement for HIV prevention treatment covered under this section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079c the following new item: 1079d. Coverage of HIV prevention treatment. . (h) Indian health service testing, monitoring, and prescription drugs for the prevention of HIV The Indian Health Care Improvement Act is amended by inserting after section 223 ( 25 U.S.C. 1621v ) the following: 224. Testing, monitoring, and prescription drugs for the prevention of HIV (a) In general The Secretary, acting through the Service, Indian tribes, and tribal organizations, shall provide funding for any prescription drug approved by the Food and Drug Administration for the prevention of human immunodeficiency virus (commonly known as HIV ), administrative fees for such a drug, laboratory and other diagnostic procedures associated with the use of such a drug, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. . (i) Effective date The amendments made by subsections (a), (b), (e), (f), (g), and (h) shall take effect with respect to plan years beginning on or after January 1, 2023. 4. Prohibition on denial of coverage or increase in premiums of life, disability, or long-term care insurance for individuals taking medication for the prevention of HIV acquisition (a) Prohibition Notwithstanding any other provision of law, it shall be unlawful to— (1) decline or limit coverage of a person under any life insurance policy, disability insurance policy, or long-term care insurance policy, on account of the individual taking medication for the purpose of preventing the acquisition of HIV; (2) preclude an individual from taking medication for the purpose of preventing the acquisition of HIV as a condition of receiving a life insurance policy, disability insurance policy, or long-term care insurance policy; (3) consider whether an individual is taking medication for the purpose of preventing the acquisition of HIV in determining the premium rate for coverage of such individual under a life insurance policy, disability insurance policy, or long-term care insurance policy; or (4) otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for an individual, based solely and without any additional actuarial risks upon whether the individual is taking medication for the purpose of preventing the acquisition of HIV. (b) Enforcement A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State. (c) Definitions In this section: (1) Disability insurance policy The term disability insurance policy means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents such person from working. (2) Life insurance policy The term life insurance policy means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured. (3) Long-term care insurance policy The term long-term care insurance policy means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services (as defined in section 7702B(c) of the Internal Revenue Code of 1986). 5. Public education campaign Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Pre-exposure prophylaxis and post-exposure prophylaxis education campaigns (a) Public education campaign (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Director of the Office of Infectious Disease and HIV/AIDS Policy, shall establish a public health campaign for the purpose of educating the public on medication for the prevention of HIV acquisition. (2) Requirements In carrying out this subsection, the Secretary shall ensure cultural competency and efficacy within high-need communities in which PrEP or PEP are underutilized by developing the campaign in collaboration with organizations that are indigenous to communities that are overrepresented in the domestic HIV epidemic, including communities of color and the lesbian, gay, bisexual, transgender, and queer community. The Secretary shall ensure that the campaign is designed to increase awareness of the safety and effectiveness of PrEP and PEP, the recommended clinical practices for providing PrEP-related and PEP-related clinical care, and the local availability of PrEP and PEP providers, and to counter stigma associated with the use of PrEP and PEP. (3) Evaluation of program The Secretary shall develop measures to evaluate the effectiveness of activities conducted under this subsection that are aimed at reducing disparities in access to PrEP and PEP and supporting the local community. Such measures shall evaluate community outreach activities, language services, workforce cultural competence, and other areas as determined by the Secretary. (b) Provider education campaign (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Administration of the Health Resources Services Administration and the Office of Infectious Disease and HIV/AIDS Policy, shall establish a provider campaign for the purpose of educating prescribers and other associated health professionals on medication for the prevention of HIV acquisition. (2) Requirements In carrying out this subsection, the Secretary shall increase awareness and readiness among health care providers to offer PrEP or PEP, as appropriate, with a focus on areas of high-need communities in which PrEP or PEP is underutilized by developing an educational campaign with input from health care providers and organizations that are indigenous to communities that are overrepresented in the domestic HIV epidemic, including communities of color and the lesbian, gay, bisexual, transgender, and queer community. The Secretary shall ensure that the campaign is designed to increase awareness of the safety and effectiveness of PrEP and PEP, the recommended clinical practices for providing PrEP-related and PEP-related clinical care, cultural competency among PrEP and PEP prescribers, and to counter stigma associated with the use of PrEP and PEP. (3) Evaluation of program The Secretary shall develop measures to evaluate the effectiveness of activities conducted under this subsection that are aimed at increasing the number of health care professionals offering PrEP and PEP and reducing disparities in access to PrEP and PEP. Such measures shall evaluate availability of PrEP and PEP services, education and outreach activities, language services, workforce cultural competence, and other areas as determined by the Secretary. (c) Definitions In this section and section 399V–8— (1) the term PEP means any drug or combination of drugs approved by the Food and Drug Administration for preventing HIV infection after a sexual or other exposure associated with a high risk of HIV transmission; and (2) the term PrEP means any drug approved by the Food and Drug Administration for the purpose of pre-exposure prophylaxis with respect to HIV. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2028. . 6. Patient confidentiality The Secretary of Health and Human Services shall amend the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), as necessary, to ensure that individuals are able to access the benefits described in section 2713(a)(6) under a family plan without any other individual enrolled in such family plan, including a primary subscriber of or policyholder, being informed of such use of such benefits. 7. Pre-exposure prophylaxis and post-exposure prophylaxis funding Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended by section 5, is further amended by adding at the end the following: 399V–8. Pre-exposure prophylaxis and post-exposure prophylaxis funding (a) In general Not later than 1 year after the date of the enactment of the PrEP Access and Coverage Act , the Secretary shall establish a program that awards grants to States, territories, Indian Tribes, and directly eligible entities for the establishment and support of pre-exposure prophylaxis (referred to in this section as PrEP ) and post-exposure prophylaxis (referred to in this section as PEP ) programs. (b) Applications To be eligible to receive a grant under subsection (a), a State, territory, Indian Tribe, or directly eligible entity shall— (1) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan describing how any funds awarded will be used to increase access to PrEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP; and (2) appoint a PrEP and PEP grant administrator to manage the program. (c) Directly eligible entity For purposes of this section, the term directly eligible entity — (1) means a Federally qualified health center or other nonprofit entity engaged in providing PrEP and PEP information and services; and (2) may include— (A) a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) )); (B) a family planning grantee (other than States) funded under section 1001 of the Public Health Service Act ( 42 U.S.C. 300 ); (C) a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act ( 42 U.S.C. 1395x(aa)(2) )); (D) a health facility operated by or pursuant to a contract with the Indian Health Service; (E) a community-based organization, clinic, hospital, or other health facility that provides services to individuals at risk for or living with HIV; and (F) a nonprofit private entity providing comprehensive primary care to populations at risk of HIV, including faith-based and community-based organizations. (d) Awards In determining whether to award a grant, and the grant amount for each grant awarded, the Secretary shall consider the grant application and the need for PrEP and PEP services in the area, the number of uninsured and underinsured individuals in the area, and how the State, territory, or Indian Tribe coordinates PrEP and PEP activities with the directly funded entity, if the State, territory, or Indian Tribe applies for the funds. (e) Use of funds (1) In general Any State, territory, Indian Tribe, or directly eligible entity that is awarded funds under subsection (a) shall use such funds for eligible PrEP and PEP expenses. (2) Eligible prep expenses The Secretary shall publish a list of expenses that qualify as eligible PrEP and PEP expenses for purposes of this section, which shall include— (A) any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation; (B) outreach and public education activities directed toward populations overrepresented in the domestic HIV epidemic that increase awareness about the existence of PrEP and PEP, provide education about access to and health care coverage of PrEP and PEP, PrEP and PEP adherence programs, and counter stigma associated with the use of PrEP and PEP; and (C) outreach activities directed toward physicians and other providers that provide education about PrEP and PEP. (f) Report to Congress The Secretary shall, in each of the first 5 years beginning one year after the date of the enactment of the PrEP Access and Coverage Act , submit to Congress, and make public on the internet website of Department of Health and Human Services, a report on the impact of any grants provided to States, territories, and Indian Tribes and directly eligible entities for the establishment and support of pre-exposure prophylaxis programs under this section. (g) Authorization of Appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2028. . 8. Clarification This Act, including the amendments made by this Act, shall apply notwithstanding any other provision of law, including Public Law 103–141 . 9. Private right of action Any person aggrieved by a violation of this Act, including the amendments made by this Act, may commence a civil action in an appropriate United States District Court or other court of competent jurisdiction to obtain relief as allowed by law as either an individual or member of a class. If the plaintiff is the prevailing party in such an action, the court shall order the defendant to pay the costs and reasonable attorney fees of the plaintiff. | https://www.govinfo.gov/content/pkg/BILLS-117s3295is/xml/BILLS-117s3295is.xml |
117-s-3296 | II 117th CONGRESS 1st Session S. 3296 IN THE SENATE OF THE UNITED STATES December 1, 2021 Ms. Rosen (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the TSA to develop a plan to ensure that TSA material disseminated in major airports can be better understood by more people accessing such airports, and for other purposes.
1. Short title This Act may be cited as the TSA Reaching Across Nationalities, Societies, and Languages to Advance Traveler Education Act or the TRANSLATE Act . 2. Plan to improve materials disseminated by Transportation Security Administration (a) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a plan to ensure that TSA material disseminated in major airports can be better understood by individuals accessing such airports. (b) Contents The plan required under subsection (a) shall include the following: (1) An identification of the most common languages other than English that are the primary languages of individuals that travel through or work in each major airport. (2) A plan to improve— (A) TSA materials to communicate information in languages identified pursuant to paragraph (1); and (B) the communication of TSA material to individuals with vision or hearing impairments or other possible barriers to understanding such material. (c) Considerations In developing the plan required under subsection (a), the Administrator, acting through the Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the Transportation Security Administration, shall consider data regarding the following: (1) International enplanement. (2) Local populations surrounding major airports. (d) Implementation Not later than 180 days after the submission of the plan required under subsection (a), the Administrator shall implement such plan. (e) GAO review Not later than 1 year after the implementation pursuant to subsection (d) of the plan required under subsection (a), the Comptroller General of the United States shall— (1) conduct a review of such implementation; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on such review. (f) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Transportation Security Administration. (2) Major airport The term major airport means an airport classified by the Transportation Security Administration as a Category X or Category I airport. (3) Non-traveling individual The term non-traveling individual has the meaning given such term in section 1560.3 of title 49, Code of Federal Regulations. (4) TSA material The term TSA material means signs, videos, audio messages, websites, press releases, social media postings, and other communications published and disseminated by the Administrator in major airports for use by both traveling and non-traveling individuals. | https://www.govinfo.gov/content/pkg/BILLS-117s3296is/xml/BILLS-117s3296is.xml |
117-s-3297 | VI 117th CONGRESS 1st Session S. 3297 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL For the relief of Shirley Constantino Tan.
1. Permanent resident status for Shirley Constantino Tan (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), Shirley Constantino Tan shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act ( 8 U.S.C. 1154 ) or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Shirley Constantino Tan enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) as of the date of the enactment of this Act. (c) Application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within two years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Shirley Constantino Tan, the Secretary of State shall instruct the proper officer to reduce by one, during the current or next following fiscal year— (1) the total number of immigrant visas that are made available to natives of the country of birth of Shirley Constantino Tan under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Shirley Constantino Tan under section 202(e) of such Act ( 8 U.S.C. 1152(e) ). (e) PAYGO The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s3297is/xml/BILLS-117s3297is.xml |
117-s-3298 | II 117th CONGRESS 1st Session S. 3298 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for automatic renewal protections, and for other purposes.
1. Short title This Act may be cited as the Consumer Online Payment Transparency and Integrity Act . 2. Automatic renewal protections (a) In general A person who sells a good or service to a consumer pursuant to a contract that includes a free-to-pay conversion or negative option feature or any other automatic renewal provision shall disclose such feature or provision and the cancellation procedure clearly and conspicuously in the contract. (b) Automatic renewal A person who sells a good or service to a consumer pursuant to a contract that will automatically renew unless the consumer cancels the contract, shall— (1) notify, in the same manner as the consumer entered into the contract, the consumer of— (A) the first automatic renewal (and of each automatic renewal thereafter) not less than 7 days (or a longer time period as determined appropriate by the Commission) before the commencement of the renewal period; and (B) how the consumer may cancel the contract, which shall include— (i) an online mechanism for cancellation provided by the person; and (ii) a toll-free telephone number, email address, postal mail address, or other cost-effective, timely, and easy-to-use mechanism for cancellation provided by the person; (2) on an annual basis and notwithstanding the consumer’s consent to the initial term (or any subsequent term), obtain the consumer’s express informed consent to renew the contract before charging the consumer for the renewal; and (3) notwithstanding the consumer's consent to the initial term (or any subsequent term), in the event that the person has actual knowledge that the consumer has not used the good or service provided under the contract for a period of 6 consecutive months since the consumer's most recent express informed consent— (A) obtain the consumer's express informed consent to the automatic renewal before charging the consumer for the automatic renewal; and (B) notify the consumer that the consumer has a right to terminate the contract and receive a prorated refund for the remaining portion of contract. (c) Free trial A person who sells a good or service to a consumer pursuant to a contract that includes a free-to-pay conversion feature with a free trial period, shall— (1) notify, in the same manner as the consumer entered into the contract, the consumer of— (A) the automatic renewal not less than 7 days (or a longer time period as determined appropriate by the Commission) before the expiration of the free trial period; and (B) how the consumer may cancel the contract, which shall include— (i) an online mechanism for cancellation provided by the person; and (ii) a toll-free telephone number, email address, postal mail address, or other cost-effective, timely, and easy-to-use mechanism for cancellation provided by the person; and (2) notwithstanding the consumer’s consent to the free trial, obtain the consumer’s express informed consent to the automatic renewal not less than 7 days (or a longer time period as determined appropriate by the Commission) before the expiration of the free trial period and before charging the consumer for the automatic renewal. (d) Automatic renewal void In the case of a violation of subsection (a), (b), or (c)— (1) the applicable automatic renewal provision shall be void, and the contract shall terminate upon the occurrence of such violation; and (2) the person who violated subsection (a), (b), or (c) shall provide the consumer with a refund for all amounts paid by the consumer due to such violation. (e) Dark patterns With respect to a contract that includes a free-to-pay conversion or negative option feature or any other automatic renewal provision, a consumer's consent obtained through the use of dark patterns shall not be considered express informed consent. (f) Exemptions The requirements under subsections (a), (b), (c), and (d) shall not apply to a service contract or any other person or contract determined appropriate by the Commission. (g) Effective date The requirements under this section shall take effect on the date that is 1 year after the date of enactment of this Act. 3. Enforcement by the Commission (a) Unfair or deceptive acts or practices A violation of section 2 or a rule promulgated under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Commission (1) In general 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 and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person who violates section 2 or a rule promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (4) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, or to prevent unfair or deceptive acts or practices regarding free trials, automatic renewals, or other contracts under which a consumer's silence or failure to take an affirmative action to reject goods or services or to cancel an agreement is interpreted by the seller as acceptance of the offer. 4. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Consumer The term consumer means any person who seeks or acquires, by purchase or lease, any goods or services. (3) Dark patterns The term dark patterns means a user interface that has the substantial effect of subverting or impairing user autonomy, decision making, or choice. (4) Free-to-pay conversion The term free-to-pay conversion has the meaning given that term in section 310.2 of title 16, Code of Federal Regulations. (5) Negative option feature The term negative option feature has the meaning given that term in section 310.2 of title 16, Code of Federal Regulations. (6) Service contract The term service contract means a contract or agreement for a separately stated consideration for any duration— (A) to perform the repair, replacement, or maintenance of property or indemnification for service repair, replacement, or maintenance for the operational or structural failure of any motor vehicle or residential or other property due to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear; or (B) to indemnify for the same, including towing, rental, or emergency road service or road hazard protection, and which may provide for the service repair, replacement, or maintenance of property for damage resulting from power surges or interruption. | https://www.govinfo.gov/content/pkg/BILLS-117s3298is/xml/BILLS-117s3298is.xml |
117-s-3299 | II Calendar No. 174 117th CONGRESS 1st Session S. 3299 IN THE SENATE OF THE UNITED STATES December 1, 2021 Mr. Lankford introduced the following bill; which was read the first time December 2, 2021 Read the second time and placed on the calendar A BILL To prohibit the Department of Defense from discharging or withholding pay or benefits from members of the National Guard based on COVID–19 vaccination status.
1. Prohibition on discharging or withholding pay or benefits from National Guard members based on COVID–19 vaccination status (a) In general The Secretary of Defense shall not, based on whether or not a member of the National Guard has received a COVID–19 vaccine, take any of the following actions: (1) Involuntarily discharge or discipline the member under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (2) Withhold pay or benefits from the member. (3) Prohibit the member from participating in training or using equipment funded by amounts appropriated by an Act of Congress. (b) Pay and benefits included The pay and benefits referred to in subsection (a)(2) include the following: (1) Basic pay and special pay under title 37, United States Code, or title 10, United States Code. (2) Medical and dental care under chapter 55 of title 10, United States Code. (3) Transitional health benefits under section 1145 of such title. (4) Commissary and exchange benefits under section 1146 of such title.
December 2, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3299pcs/xml/BILLS-117s3299pcs.xml |
117-s-3300 | II 117th CONGRESS 1st Session S. 3300 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Tillis (for himself, Mr. McConnell , Mr. Cotton , Mr. Cornyn , Mr. Risch , Mr. Inhofe , Mr. Moran , Mrs. Blackburn , Mr. Boozman , Mr. Hawley , Mr. Cramer , Mr. Graham , Mr. Daines , Ms. Ernst , Mr. Crapo , Mr. Lee , Mrs. Capito , Mr. Lankford , Mr. Hoeven , Mr. Hagerty , Mr. Shelby , Mr. Scott of Florida , Mr. Wicker , Mr. Braun , Mr. Thune , Mr. Tuberville , Mr. Young , Ms. Collins , Mr. Romney , Mr. Burr , Mr. Paul , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the payment of certain legal settlements to individuals who unlawfully entered the United States.
1. Short title This Act may be cited as the Protect American Taxpayer Dollars from Illegal Immigration Act . 2. Limitation on legal settlements for individuals who unlawfully entered the United States Notwithstanding any other provision of law, no Federal funds, including amounts deposited into the Judgment Fund established under section 1304 of title 31, United States Code, may be expended for any legal settlement to any individual who violated section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ) if the claims giving rise to such settlement are based on the lawful detention of such individual as part of a family unit after entry at a port of entry or between ports of entry along the southern border of the United States after January 20, 2017. | https://www.govinfo.gov/content/pkg/BILLS-117s3300is/xml/BILLS-117s3300is.xml |
117-s-3301 | II 117th CONGRESS 1st Session S. 3301 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Rubio (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit discrimination on the basis of mental or physical disability in cases of organ transplants.
1. Short title This Act may be cited as the Charlotte Woodward Organ Transplant Discrimination Prevention Act . 2. Findings Congress finds the following: (1) The Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, and section 1557 of the Patient Protection and Affordable Care Act prohibit discrimination against individuals with disabilities in organ transplantation and the allocation of organs. (2) Despite those prohibitions, there are findings and cases that show, as is documented by the National Council on Disability and others, that individuals with disabilities are being denied organ transplants and related services based solely on the fact that those individuals have a disability. (3) More than 25 States have crafted State-level policy to prohibit organ transplant discrimination against individuals with disabilities. Federal action, however, is required to protect individuals with disabilities and to enforce existing law regardless of the State in which they live. (4) The current situation, with continuing cases of discrimination against individuals with disabilities, calls for further clarity by Congress about which actions constitute discrimination under current law, which entities are covered, and the remedies available to individuals experiencing potential discrimination. (5) Licensed providers of health care services that provide organ transplants and related services in exchange for medical fees are engaging in an economic transaction with patients that occurs in or substantially impacts interstate commerce. (6) There are 11 geographic regions that are used in the national administration of organ allocation in the United States, with organs being transported across State lines for transplantation procedures. (7) Discrimination in organ transplantation limits individuals with disabilities from participating in health care transactions in a manner that allows equal access to interstate commerce. (8) The existence of discrimination against individuals with disabilities in the provision of organ transplantation and related services burdens the flow of organs through legal channels of interstate commerce. 3. Definitions In this Act: (1) Auxiliary aids and services The term auxiliary aids and services includes— (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with a hearing impairment; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with a visual impairment; (C) information in a format that is accessible for individuals with a cognitive, neurological, developmental, or intellectual disability; (D) supported decisionmaking services; and (E) acquisition or modification of equipment or devices. (2) Covered entity The term covered entity means— (A) any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers, that— (i) is in interstate commerce; or (ii) provides health care services in a manner that— (I) substantially affects or has a substantial relation to interstate commerce; or (II) includes use of an instrument (including an instrument of transportation or communication) of interstate commerce; or (B) any transplant center or entity responsible for matching human organ donors to potential recipients that is in interstate commerce, or that provides the matching services in a manner described in subparagraph (A)(ii). (3) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Human organ The term human organ has the meaning given the term in section 301(c) of the National Organ Transplant Act ( 42 U.S.C. 274e(c) ). (5) Organ transplant The term organ transplant means the transplantation or transfusion of a donated human organ into the body of another human for the purpose of treating or curing a medical condition. (6) Qualified individual The term qualified individual means an individual who, with or without a support network, provision of auxiliary aids and services, or reasonable modifications to policies or practices, meets eligibility requirements for the receipt of a human organ. (7) Reasonable modifications to policies or practices The term reasonable modifications to policies or practices includes— (A) communication with individuals responsible for supporting an individual with postsurgical or other care following an organ transplant or related services, including support with medication; and (B) consideration, in determining whether an individual will be able to comply with health requirements following an organ transplant or receipt of related services, of support networks available to the individual, including family, friends, and providers of home and community-based services, including home and community-based services funded through the Medicare or Medicaid program under title XVIII or XIX, respectively, of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.), another health plan in which the individual is enrolled, or any program or source of funding available to the individual. (8) Related services The term related services means services related to an organ transplant that consist of— (A) evaluation; (B) counseling; (C) treatment, including postoperative treatment, and care; (D) provision of information; and (E) any other service recommended or required by a physician. (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) Supported decisionmaking The term supported decisionmaking means the use of a support person to assist an individual in making health care decisions, communicate information to the individual, or ascertain an individual’s wishes. Such term includes— (A) the inclusion of the individual’s attorney-in-fact or health care proxy, or any person of the individual’s choice, in communications about the individual’s health care; (B) permitting the individual to designate a person of the individual's choice for the purposes of supporting that individual in communicating, processing information, or making health care decisions; (C) providing auxiliary aids and services described in subparagraph (A), (B), (C), or (E) of paragraph (1) to facilitate the individual’s ability to communicate and process health-related information, including providing use of assistive communication technology; (D) providing health information to persons designated by the individual, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note) and other applicable laws and regulations governing disclosure of health information; (E) providing health information in a format that is readily understandable by the individual; and (F) working with a court-appointed guardian or other individual responsible for making health care decisions on behalf of the individual, to ensure that the individual is included in decisions involving the health care of the individual and that health care decisions are in accordance with the individual’s own expressed interests. (11) Support network The term support network means, with respect to a person, one or more individuals who are— (A) selected by the person or by the person and the guardian of the person, to provide assistance to that person or guidance to that person in understanding issues, making plans for the future, or making complex decisions; and (B) who may include the family members, friends, unpaid supporters, members of the religious congregation, and appropriate personnel at a community center, of or serving the person. 4. Prohibition of discrimination (a) In general Subject to subsection (b), a covered entity may not, solely on the basis of a qualified individual’s mental or physical disability— (1) determine that the individual is ineligible to receive an organ transplant or related services; (2) deny the individual an organ transplant or related services; (3) refuse to refer the individual to an organ transplant center or other related specialist for the purpose of receipt of an organ transplant or other related services; (4) refuse to place the individual on an organ transplant waiting list, or place the individual at a lower-priority position on the list than the position at which the individual would have been placed if not for the disability of the individual; or (5) decline insurance coverage for the individual for any procedure associated with the receipt of an organ transplant or for related services, which procedure or services, respectively, would be covered under such insurance for such individual if not for the disability of the individual. (b) Exception (1) In general (A) Medically significant disabilities Notwithstanding subsection (a), a covered entity may take a qualified individual’s physical or mental disability into account when making a health care treatment or coverage recommendation or decision, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the potential recipient, to be medically significant to the receipt of the organ transplant or related services, as the case may be. (B) Construction Subparagraph (A) shall not be construed to require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant or medically inappropriate related services. (2) Clarification If a qualified individual has the necessary support network to provide a reasonable assurance that the individual will be able to comply with health requirements following an organ transplant or receipt of related services, as the case may be, the individual’s inability to independently comply with those requirements may not be construed to be medically significant for purposes of paragraph (1). (c) Reasonable modifications A covered entity shall make reasonable modifications to policies or practices (including procedures) of such entity if such modifications are necessary to make an organ transplant or related services available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such policies or practices. (d) Clarifications (1) No denial of services because of absence of auxiliary aids and services A covered entity shall take such steps as may be necessary to ensure that a qualified individual with a disability is not denied a procedure associated with the receipt of an organ transplant or related services, and insurance coverage for the individual is not declined for a procedure or services described in section 4(a)(5), because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the procedure or services being offered or would result in an undue burden on the entity. (2) Compliance with other law Nothing in this Act shall be construed— (A) to prevent a covered entity from providing organ transplants or related services at a level that is greater than the level that is required by this section; or (B) to limit the rights of an individual with a disability under, or to replace or limit the scope of obligations imposed by, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) including the provisions added to such Act by the ADA Amendments Act of 2008, section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), or any other applicable law. (3) Application to each part of process The provisions of this section apply to each part of the organ transplant process and the process for receipt of related services. 5. Enforcement (a) In general Any individual who alleges that a qualified individual was subject to a violation of section 4 by a covered entity— (1) may bring a claim regarding the allegation to the Office for Civil Rights of the Department of Health and Human Services, for expedited resolution; and (2) whether or not such a claim is brought under paragraph (1) or a violation is found pursuant to paragraph (1), may bring a civil action in a district court of the United States for injunctive or other equitable relief, including the relief described in subsection (b), against such covered entity to obtain compliance of such covered entity with such section. (b) Relief available The injunctive and equitable relief available in a civil action brought under subsection (a)(2), with respect to a covered entity, includes— (1) requiring auxiliary aids and services to be made available by such entity; (2) requiring reasonable modifications to policies or practices (including procedures) of such entity; or (3) requiring that a facility of such entity be made readily accessible and usable. (c) Expedited review In the case of a civil action brought under subsection (a)(2), with respect to a covered entity, the district court in which such action is brought shall advance on its docket and expedite review and disposition of such action. (d) Rule of construction Nothing in this section is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990 or any other applicable law. 6. Effect on other laws Nothing in this Act shall be construed to supersede any provision of any State or local law that provides greater rights to qualified individuals with respect to organ transplants than the rights established under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3301is/xml/BILLS-117s3301is.xml |
117-s-3302 | II 117th CONGRESS 1st Session S. 3302 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Cassidy (for himself, Mr. Kennedy , Mr. Scott of South Carolina , Mr. Graham , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Individuals with Disabilities Education Act to improve provisions relating to dyslexia, and for other purposes.
1. Short title This Act may be cited as the 21st Century Dyslexia Act . 2. Dyslexia (a) Definitions Section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ) is amended— (1) in paragraph (3)(A), by striking or specific learning disabilities and inserting dyslexia, or specific learning disabilities ; (2) by inserting after paragraph (3) the following: (4) Dyslexia The term dyslexia means an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in the phonological processing (the appreciation of the individual sounds of spoken language), which affects the ability of an individual to speak, read, and spell. ; and (3) in paragraph (30)— (A) in subparagraph (B), by striking dyslexia, ; and (B) in subparagraph (C)— (i) by striking or of and inserting of ; and (ii) by inserting before the period the following: , or of dyslexia . (b) Provision of accommodations and services The Individuals with Disabilities Education Act is amended by inserting after section 608 ( 20 U.S.C. 1407 ) the following: 608A. Provision of accommodations and services In determining eligibility for, or providing, an accommodation or service under this title, a local educational agency or other agency shall provide equal access, to the accommodation or service, to— (1) children from low-income families or from families with low socioeconomic status; and (2) other children. . | https://www.govinfo.gov/content/pkg/BILLS-117s3302is/xml/BILLS-117s3302is.xml |
117-s-3303 | II 117th CONGRESS 1st Session S. 3303 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Rubio (for himself, Mrs. Hyde-Smith , Mrs. Feinstein , Mr. Scott of Florida , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To extend the authority of the National Aeronautics and Space Administration to enter into leases of non-excess property of the Administration.
1. Short title This Act may be cited as the NASA Enhanced Use Leasing Extension Act of 2021 . 2. Extension of authority to enter into leases of non-excess property of the National Aeronautics and Space Administration Section 20145(g) of title 51, United States Code, is amended, in the first sentence, by striking December 31, 2021 and inserting December 31, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s3303is/xml/BILLS-117s3303is.xml |
117-s-3304 | II 117th CONGRESS 1st Session S. 3304 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Kennedy (for himself and 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 improve the ability of veterans to electronically submit complaints about the delivery of health care services by the Department of Veterans Affairs.
1. Short title This Act may be cited as the Patient Advocate Tracker Act . 2. System for electronic submission of complaints about the delivery of health care services by the Department of Veterans Affairs Section 7309A(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: (3) Beginning not later than 18 months after the date of the enactment of this paragraph, the Director shall establish an information technology system that will allow a veteran (or the designated representative of a veteran) to electronically— (A) file a complaint that will be received by the appropriate patient advocate; and (B) at any time view the status of the complaint, including interim and final actions that have been taken to address the complaint. . | https://www.govinfo.gov/content/pkg/BILLS-117s3304is/xml/BILLS-117s3304is.xml |
117-s-3305 | II 117th CONGRESS 1st Session S. 3305 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Cruz (for himself, Mr. Inhofe , Mr. Kennedy , Mr. Toomey , Mr. Lee , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the amendment made to the Superfund excise taxes by the Infrastructure Investment and Jobs Act.
1. Short title This Act may be cited as the Chemical Tax Repeal Act . 2. Repeal of certain Superfund excise tax modifications The amendments made by section 80201 of the Infrastructure Investment and Jobs Act are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3305is/xml/BILLS-117s3305is.xml |
117-s-3306 | II 117th CONGRESS 1st Session S. 3306 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the purchase of certain telecommunications or aerospace goods or service from entities affiliated with the People's Republic of China or the Russian Federation and to require reporting relating to investment by foreign persons in the aerospace industry in the United States, and for other purposes.
1. Short title This Act may be cited as the Space Protection of American Command and Enterprise Act or the SPACE Act . 2. Definitions In this Act: (1) Covered entity The term covered entity means an entity— (A) that is a United States business; and (B) the business of which relates to exploration, manufacturing, telecommunications, or national security activities involving space. (2) Foreign person The term foreign person means a person that is not a United States person. (3) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; and (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity). 3. Report on space investment competition from the People's Republic of China and the Russian Federation (a) In general Not later than 180 days after the date of the enactment of this Act, the National Space Council shall submit to Congress a report on space investment competition from the People's Republic of China and the Russian Federation. (b) Elements The report required by subsection (a) shall include the following: (1) A description of commercial investment activities used by the People's Republic of China and the Russian Federation to produce technologies and devices for space activities and programs, including— (A) launch vehicles and technologies; (B) satellites and telecommunications equipment and services; (C) manned spaceships, cargo spaceships, deep space explorers, and space stations; (D) nuclear missiles, conventional ground-to-ground missiles, and air and missile defense equipment; (E) space and zero-gravity manufacturing; (F) space-based precious minerals excavation and exploration technologies; (G) space-based solar power technologies; and (H) any other critical technologies and investment activities as determined by the National Space Council, particularly activities conducted by— (i) China Aerospace Science and Industry Corporation Limited; (ii) China Aerospace Science and Technology Corporation; (iii) the China National Space Administration; (iv) the BeiDou Satellite Navigation Experimental System; (v) the Government of the People's Republic of China; or (vi) the People’s Liberation Army. (2) An assessment of military-civil fusion activities in the People's Republic of China and the Russian Federation regarding space-related investments, including— (A) converting space-related technologies and resources to civilian entities; (B) increasing commercial enterprise participation in space-related investments; and (C) using investment vehicles affiliated with the People's Republic of China or the Russian Federation to acquire critical technologies in other countries. (3) An assessment of and recommendation to strengthen the ability of the United States to protect the intellectual property and critical technologies of the United States regarding space-related investments from export, transfer, and foreign theft or imitation, particularly from entities affiliated with the Government of the People's Republic of China or the Government of the Russian Federation. (4) A review and assessment of the research, technology, and commercial ties between the United States and the People's Republic of China and the Russian Federation regarding space-related investments to assess exposure and risks that may contribute to the development or enhancement of the space capabilities of the People's Republic of China and the Russian Federation. (5) An interagency strategy— (A) to defend supply chains of the United States that are critical to competitiveness in space; and (B) to ensure that the United States remains the preeminent commercial leader in the global space industry. 4. Prohibition on use of funds to purchase certain telecommunications or aerospace goods or service from entities associated with the Government of the People's Republic of China or the Communist Party of China No funds made available to the Department of Commerce or the National Aeronautics and Space Administration may be used to purchase or lease telecommunications or aerospace hardware or software equipment or services from any telecommunications or aerospace corporation, subsidiary, or affiliate associated with any of the following: (1) The Government of the People's Republic of China. (2) The Communist Party of China. (3) The People’s Liberation Army. (4) The China National Space Administration. (5) China Aerospace Science and Industry Corporation Limited. (6) China Aerospace Science and Technology Corporation. (7) The BeiDou Satellite Navigation Experimental System. (8) Any Communist Chinese military company identified by the Secretary of Defense under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ). 5. SEC reporting (a) Definitions In this section— (1) the term Commission means the Securities and Exchange Commission; (2) the term Schedule 13D means a statement containing the information required under section 240.13d–101 of title 17, Code of Federal Regulations, or any successor regulation; and (3) the term Schedule 13G means a statement containing the information required under section 240.13d–102 of title 17, Code of Federal Regulations, or any successor regulation. (b) Reporting required Notwithstanding section 240.13d–1 of title 17, Code of Federal Regulations, or any successor regulation, the Commission shall require any person who, after acquiring directly or indirectly the beneficial ownership of any equity security of a class which is specified in paragraph (i) of such section 240.13d–1 and that is issued by a covered entity, is directly or indirectly the beneficial owner of more than 2 percent of the class, to file with the Commission Schedule 13D or Schedule 13G, as determined under such section 240.13d–1. (c) Updates to rules The Commission may make any updates to the rules of the Commission that may be necessary as a result of this section. 6. Annual report on foreign investment in United States exploration, manufacturing, telecommunications, and national security involving space (a) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of Commerce and the Secretary of the Treasury, shall submit to Congress a report on investment by foreign persons in activities conducted in the United States or by United States persons relating to exploration, manufacturing, telecommunications, or national security activities involving space. (b) Elements The report required by subsection (a) shall include— (1) the country of origin of the foreign person; (2) the source of funds for investment by the foreign person in space; and (3) any other information that the Secretary of Defense considers appropriate. (c) Form The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. | https://www.govinfo.gov/content/pkg/BILLS-117s3306is/xml/BILLS-117s3306is.xml |
117-s-3307 | II 117th CONGRESS 1st Session S. 3307 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Blunt (for himself and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Wilson's Creek National Battlefield in the State of Missouri, and for other purposes.
1. Short title This Act may be cited as the Wilson's Creek National Battlefield Boundary Revision Act of 2021 . 2. Wilson's Creek National Battlefield boundary modification Section 1(b) Public Law 86–434 ( 16 U.S.C. 430kk(b) ) is amended— (1) in paragraph (1)— (A) in the second sentence, by striking The map and inserting the following: (C) Availability of maps The maps described in subparagraphs (A) and (B) ; (B) by striking (1) The boundaries and inserting the following: (1) Additional land (A) In general The boundaries ; (C) by inserting after subparagraph (A) (as so designated) the following: (B) Newtonia Battlefield addition The boundary of the Wilson's Creek National Battlefield is revised to include the approximately 624 acres of land identified as Proposed Addition on the map entitled Wilson's Creek National Battlefield Proposed Boundary Modification , numbered 410/177,379, and dated September 2021. ; and (D) by adding at the end the following: (D) Errors The Secretary of the Interior may correct any clerical or typographical error in a map described in subparagraph (A) or (B). ; and (2) in paragraph (2)— (A) by striking (2) The Secretary is authorized to acquire the lands referred to in paragraph (1) and inserting the following: (2) Method of acquisition The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1) ; and (B) in the second sentence, by striking park and inserting Wilson's Creek National Battlefield . | https://www.govinfo.gov/content/pkg/BILLS-117s3307is/xml/BILLS-117s3307is.xml |
117-s-3308 | II 117th CONGRESS 1st Session S. 3308 IN THE SENATE OF THE UNITED STATES December 2, 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 authorize the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.
1. Short title This Act may be cited as the Colorado River Indian Tribes Water Resiliency Act of 2021 . 2. Purposes The purposes of this Act are— (1) to authorize the CRIT to enter into lease or exchange agreements and storage agreements for the economic well-being of the CRIT; and (2) to authorize the Secretary to approve any lease or exchange agreements or storage agreements entered into by the CRIT. 3. Definitions In this Act: (1) Allottee The term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is— (A) located within the exterior boundaries of the Reservation; and (B) held in trust by the United States. (2) Consolidated decree The term Consolidated Decree means the decree entered by the Supreme Court of the United States in Arizona v. California, 547 U.S. 150 (2006). (3) Consumptive use The term consumptive use means a portion of the decreed allocation that has been consumptively used by the CRIT within the exterior boundary of the Reservation for a minimum of 4 of the 5 years immediately preceding the year of delivery of a portion of the decreed allocation according to a lease or exchange agreement or storage agreement. Any verified reduction in consumptive use pursuant to a system conservation agreement, a lease or exchange agreement, or storage agreement, or from the creation of intentionally created surplus, shall be deemed to be a consumptive use in the year in which the reduction occurred, if the reduction is reflected in the Water Accounting Report. (4) CRIT The term CRIT means the Colorado River Indian Tribes, a federally recognized Indian Tribe. (5) Decreed allocation The term decreed allocation means the volume of water of the mainstream of the Colorado River allocated to the CRIT that is accounted for as part of the apportionment for the State in part I–A of the Appendix of the Consolidated Decree. (6) Lower Basin The term Lower Basin has the meaning given the term in article II(g) of the Colorado River Compact of 1922, as approved by Congress in section 13 of the Boulder Canyon Project Act ( 43 U.S.C. 617l ), and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000). (7) Person The term person means an individual, a public or private corporation, a company, a partnership, a joint venture, a firm, an association, a society, an estate or trust, a private organization or enterprise, the United States, any Indian Tribe, a governmental entity, or a political subdivision or municipal corporation organized under, or subject to, the constitution and laws of the State. (8) Reservation The term Reservation means the portion of the reservation established for the CRIT that is located in the State. (9) Secretary The term Secretary means the Secretary of the Interior. (10) State Except for purposes of section 15, the term State means the State of Arizona. (11) Storage The term storage means the underground storage, in accordance with State law, of a portion of the consumptive use off the Reservation within the Lower Basin in the State. (12) Water Accounting Report The term Water Accounting Report means the annual report of the Bureau of Reclamation entitled the Colorado River Accounting and Water Use Report: Arizona, California, and Nevada which includes the compilation of records in accordance with article V of the Consolidated Decree. 4. Lease or exchange agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 ) or any other provision of law, the CRIT is authorized to, subject to the approval of the Secretary under section 6(a), and has the sole authority to, enter into, with any person, an agreement to lease or exchange, or an option to lease or exchange, a portion of the consumptive use for a use off the Reservation (referred to in this Act as a lease or exchange agreement ), on the condition that the use off the Reservation is located in the Lower Basin in the State. (b) Term of lease or exchange agreement The term of any lease or exchange agreement entered into under subsection (a) shall be mutually agreed, except that the term shall not exceed 100 years. (c) Modifications Any lease or exchange agreement entered into under subsection (a) may be renegotiated or modified at any time during the term of the lease or exchange agreement, subject to the approval of the Secretary under section 6(a), on the condition that the term of the renegotiated lease or exchange agreement does not exceed 100 years. (d) Applicable law Any person entering into a lease or exchange agreement with the CRIT under this section shall use the water received under the lease or exchange agreement in accordance with applicable Federal and State law. 5. Storage agreements (a) Authorization Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ) ( 25 U.S.C. 177 ) or any other provision of law, the CRIT is authorized to, subject to the approval of the Secretary under section 6(a), and has the sole authority to, enter into an agreement, including with the Arizona Water Banking Authority (or successor agency or entity), for the storage of a portion of the consumptive use, or the water received under an exchange pursuant to an exchange agreement under section 4, at 1 or more underground storage facilities or groundwater savings facilities off the Reservation (referred to in this Act as a storage agreement ), on the condition that the facility shall be located in the Lower Basin in the State. (b) Applicable law Any storage agreement entered into under this section shall be in accordance with applicable Federal and State law. (c) Delegation of rights The CRIT may assign or sell any longterm storage credits accrued as a result of a storage agreement, on the condition that the assignment or sale is in accordance with applicable State law. 6. Approval by the Secretary (a) Authorization The Secretary shall approve or disapprove any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement. (b) Requirements (1) In general The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement that is not in compliance with— (A) this Act; and (B) the agreement entered into between the CRIT, the State, and the Secretary under section 9(a). (2) Permanent alienation The Secretary shall not approve any lease or exchange agreement, or any modification to a lease or exchange agreement, or any storage agreement that permanently alienates any portion of the CRIT decreed allocation. (c) Other requirements The requirement for Secretarial approval under subsection (a) shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 ). (d) Authority of the Secretary Nothing in this Act, or any agreement entered into or approved by the Secretary under this Act, including any lease or exchange agreement or storage agreement, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation, including the Consolidated Decree. 7. Responsibilities of the Secretary (a) Compliance The Secretary, when approving a lease or exchange agreement or a storage agreement under this Act, shall ensure such agreement complies with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (3) all other applicable Federal environmental laws. (b) Documentation The Secretary shall document any lease or exchange agreement or storage agreement in the Water Accounting Report. 8. Agreement between the CRIT and the State (a) In general Prior to entering into the first lease or exchange agreement or storage agreement, the CRIT shall enter into an agreement with the State that outlines all notice, information sharing, and collaboration requirements that shall apply to any potential lease or exchange agreement or storage agreement the CRIT may enter into. (b) Requirement The agreement under subsection (a) shall include a provision that requires the CRIT to submit to the State all documents regarding a potential lease or exchange agreement or storage agreement. 9. Agreement between the CRIT, the State, and the Secretary (a) In general Prior to approving the first lease or exchange agreement or storage agreement under section 6, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting. (b) NEPA The execution of the agreement under subsection (a) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Effect Nothing in this Act shall prohibit the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection (a) (including an appendix or exhibit to the agreement) on the condition that the modification— (1) is in compliance with this Act; and (2) does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 ) or any other provision of law. 10. No effect on the CRIT decreed allocation (a) Temporary use A lease or exchange agreement or storage agreement— (1) shall provide for the temporary use or storage of a portion of the consumptive use off the Reservation; and (2) shall not permanently alienate the decreed allocation. (b) Priority status (1) In general The lease or exchange of a portion of the consumptive use shall not cause that portion to lose or change its priority under the Consolidated Decree. (2) Nonuse Any nonuse by a person who is a party to any lease or exchange agreement or storage agreement with the CRIT shall not result in forfeiture, abandonment, relinquishment, or other loss by the CRIT of all or any portion of the decreed allocation. (c) Reservation of rights The lease, exchange, or storage of a portion of the consumptive use shall not reduce or limit the right of the CRIT to use the remaining portion of the decreed allocation on the Reservation. (d) Storage agreements Any storage agreement shall account for the quantity of water in storage off the Reservation in accordance with applicable State law. 11. Allottee use of water (a) Interference The lease, exchange, or storage of a portion of the consumptive use shall not directly or indirectly interfere with, or diminish, any entitlement to water for an allottee under Federal or Tribal law. (b) Water rights of allottees The Secretary shall protect the rights of the allottees to a just and equitable distribution of water for irrigation purposes, pursuant to section 7 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 390, chapter 119; 25 U.S.C. 381 ) (referred to in this section as the Act ). (c) Relief under Tribal law Prior to asserting any claim against the United States pursuant to the Act, or any other applicable law, an allottee shall exhaust all remedies available under applicable Tribal law. (d) Relief under the Indian General Allotment Act Following an exhaustion of remedies available under applicable Tribal law, an allottee may seek relief under the Act, or any other applicable law. (e) Relief from the Secretary Following exhaustion of remedies available under the Act, or any other applicable law, an allottee may petition the Secretary for relief. 12. Consideration paid to the CRIT The CRIT, and not the United States in any capacity, shall be entitled to all consideration due to the CRIT under any lease or exchange agreement or storage agreement. 13. Liability of the United States (a) Limitation of liability The United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement. (b) Obligations The United States shall have no trust obligation or other obligation to monitor, administer, or account for— (1) any funds received by the CRIT as consideration under any lease or exchange agreement or storage agreement; or (2) the expenditure of such funds. 14. Application (a) In general This Act shall apply only to the portion of the decreed allocation that is available for use in the State. (b) Requirement The portion of the decreed allocation described in subsection (a) shall not be used, directly or indirectly, outside the Lower Basin in the State. 15. Rule of construction Nothing in this Act establishes, or shall be considered to establish, a precedent in any litigation involving, or alters, affects, or quantifies, any water right with respect to— (1) the United States; (2) any other Indian Tribe, band, or community; (3) any State or political subdivision or district of a State; or (4) any person. | https://www.govinfo.gov/content/pkg/BILLS-117s3308is/xml/BILLS-117s3308is.xml |
117-s-3309 | II 117th CONGRESS 1st Session S. 3309 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Peters (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require SelectUSA to coordinate with State-level economic development organizations to increase foreign direct investment in semiconductor-related manufacturing and production.
1. Short title This Act may be cited as the Securing Semiconductor Supply Chains Act of 2021 . 2. SelectUSA defined In this Act, the term SelectUSA means the SelectUSA Initiative of the Department of Commerce established by Executive Order 13577 (76 Fed. Reg. 35,715). 3. Findings Congress makes the following findings: (1) Semiconductors underpin the United States and global economies, especially with respect to manufacturing. Semiconductors are also essential to national security and military applications of the United States. (2) A shortage of semiconductors, brought about by the COVID–19 pandemic and other complex factors impacting the overall supply chain, has threatened the economic recovery of the United States and industries that employ millions of United States citizens. (3) Addressing current challenges and building resilience against future risks requires ensuring a secure and stable supply chain for semiconductors that will support the economic and national security needs of the United States and its allies. (4) The supply chain for semiconductors is complex and global. While the United States plays a leading role in certain segments, securing the supply chain requires onshoring, reshoring, and diversifying vulnerable segments, such as for— (A) fabrication; (B) advanced packaging; and (C) material inputs. (5) The Federal Government can leverage foreign direct investment and private dollars to grow the domestic manufacturing capacity of the United States for vulnerable segments of the semiconductor supply chain. (6) The SelectUSA program of the Department of Commerce, in coordination with other Federal agencies and State-level economic development organizations, is positioned to boost foreign direct investment in domestic manufacturing that will help secure the semiconductor supply chain of the United States. 4. Coordination with State-level economic development organizations Not later than 90 days after the date of the enactment of this Act, the Executive Director of SelectUSA shall solicit comments from State-level economic development organizations— (1) to assess— (A) what efforts those organizations are engaged in to increase foreign direct investment in any segment of semiconductor-related manufacturing and production; (B) what tools and resources those organizations have to increase such investment; (C) opportunities those organizations have identified to attract foreign direct investment to help increase investment described in subparagraph (A); and (D) resource gaps or other challenges that prevent those organizations from increasing such investment; and (2) to develop recommendations for how SelectUSA can increase such investment independently or through partnership with those organizations. 5. Report on increasing foreign direct investment in semiconductor-related manufacturing and production Not later than one year after the date of the enactment of this Act, the Executive Director of SelectUSA, in coordination with the Federal Interagency Investment Working Group established by Executive Order 13577 (76 Fed. Reg. 35,715; relating to establishment of the SelectUSA Initiative), shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) a review of the comments SelectUSA received from State-level economic development organizations under section 4; (2) a description of activities SelectUSA is engaged in to increase foreign direct investment in semiconductor-related manufacturing and production; and (3) an assessment of strategies SelectUSA may implement to achieve an increase in such investment and to help secure the United States supply chain for semiconductors, including by— (A) working with other relevant Federal agencies; and (B) working with State-level economic development organizations and implementing any strategies or recommendations SelectUSA received from those organizations. | https://www.govinfo.gov/content/pkg/BILLS-117s3309is/xml/BILLS-117s3309is.xml |
117-s-3310 | II 117th CONGRESS 1st Session S. 3310 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to develop a plan to establish the Minority Institute for Defense Research, and for other purposes.
1. Short title This Act may be cited as the Building Equitable Access to Contribute to Our National Security Act of 2021 or the BEACON Act of 2021 . 2. Minority Institute for Defense Research (a) Plan To establish Minority Institute for Defense Research (1) In general Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a plan (in this section referred to as the Plan ) for the establishment of the Minority Institute for Defense Research (in this section referred to as the Consortium ). (2) Elements The Plan shall include the following: (A) Information relating to the projected needs of the Department for the next twenty years with respect to essential engineering, research, or development capability. (B) An assessment relating to the engineering, research, and development capability of each minority institution to identify each leading minority institution. (C) Information relating to the advancements and investments necessary to elevate a minority institution or a consortium of minority institutions to the research capacity of a University Affiliated Research Center. (D) Recommendations relating to actions that may be taken by the Department, Congress, and minority institutions to establish the Consortium within 10 years. (3) Publicly available The Plan shall be posted on a publicly available website of the Department. (b) Naming of the Consortium With respect to the naming of the Consortium, the Secretary shall— (1) establish a process to solicit and review proposals of names from— (A) minority institutions; (B) nonprofit institutions that advocate on behalf of minority institutions; and (C) members of the public; (2) develop a list of all names received pursuant to paragraph (1); (3) provide opportunity for public comment on the names included on such list; and (4) choose a name from such list to name the Consortium. (c) Grant program for leading minority institutions (1) In general The Secretary may establish a program to award grants, on a competitive basis, to leading minority institutions for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) Establishing a legal entity for the purpose of entering into research contracts or agreements with the Federal Government or the Consortium. (B) Developing the capability to bid on Federal Government or Consortium contracts. (C) Requesting technical assistance from the Federal Government or a private entity with respect to contracting with the Federal Government or the Consortium. (D) Recruiting and retaining research faculty. (E) Advancing research capabilities relating to the national security of the United States. (F) Any other matter determined appropriate by the Secretary. (3) Application To be eligible to receive a grant under this section, a leading minority institution shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary may require. (4) Preference In awarding grants pursuant to paragraph (1), the Secretary shall give preference to a leading minority institution with a R1 or R2 status on the Carnegie Classification of Institutions of Higher Education. (d) Definitions In this section: (1) The term congressional defense committees means— (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (2) The term Department means the Department of Defense. (3) The term leading minority institution means a minority institution identified (pursuant to the assessment required under subsection (a)(2)(B)) as being in the top 20 percent of all such institutions with respect to providing essential engineering, research, or development capability. (4) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) The term minority institution means— (A) a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) )); or (B) any institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering. (6) The term Secretary means the Secretary of Defense. (7) The term University Affiliated Research Center means a research organization within an institution of higher education that— (A) provides or maintains Department essential engineering, research, or development capabilities; and (B) receives sole source contract funding from the Department pursuant to section 2304(c)(3)(B) of title 10, United States Code. 3. Subcontract requirements for minority institutions (a) In general Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) The head of an agency shall require that a contract awarded to an educational institution pursuant to subsection (c)(3)(B) includes a requirement to subcontract with one or more minority institutions for a total amount of not less than 5 percent of the amount awarded in the contract. (2) For the purposes of this subsection, a minority institution means— (A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) )); or (B) any other institution of higher education (as that term is defined in section 101 of such Act ( 20 U.S.C. 1001 )) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering. . (b) Effective date The amendments made by subsection (a) shall— (1) take effect on October 1, 2026; and (2) apply with respect to funds that are awarded by the Department of Defense on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s3310is/xml/BILLS-117s3310is.xml |
117-s-3311 | II 117th CONGRESS 1st Session S. 3311 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Moran (for himself, Mr. Blunt , Mr. Thune , Mr. Lee , Ms. Lummis , Mr. Johnson , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Federal Trade Commission Act to establish procedures for the treatment of votes by departed Commissioners.
1. Short title This Act may be cited as the FTC Integrity Act . 2. Treatment of votes by departed FTC Commissioners (a) In general The first section of the Federal Trade Commission Act ( 15 U.S.C. 41 ) is amended by inserting before the last sentence the following new sentence: Any vote by a Commissioner on a motion before the Commission for which voting has not closed as of the end of the last day of the Commissioner’s service on the Commission shall have no effect after such date. . (b) Retroactive effective date The amendment made by this section shall apply to any vote taken by a Commissioner on or after January 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3311is/xml/BILLS-117s3311is.xml |
117-s-3312 | II 117th CONGRESS 1st Session S. 3312 IN THE SENATE OF THE UNITED STATES December 2, 2021 Mr. Hawley (for himself, Mr. Cornyn , Mr. Tillis , Mr. Scott of Florida , Mr. Tuberville , Mr. Braun , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To analyze the impacts of establishing U.S. Customs and Border Protection Preclearance facilities in Taiwan and in other Indo-Pacific countries.
1. Short title This Act may be cited as the Taiwan Preclearance Act . 2. Findings Congress makes the following findings: (1) U.S. Customs and Border Protection preclearance stations U.S. Customs and Border Protection officers and specialists at foreign airports to inspect travelers prior to boarding United States-bound flight. (2) More than 600 U.S. Customs and Border Protection officers and specialists are stationed in Aruba, The Bahamas, Bermuda, Canada, Ireland, and The United Arab Emirates. (3) A preclearance program at Taiwan’s Taoyuan International Airport (TPE) would signal Taiwan’s importance to the United States and compliance with international aviation rules. (4) In 2012, the United States announced Taiwan’s designation for participation in the Visa Waiver Program, which allows for Taiwanese passport holders to enter and remain in the United States for up to 90 days obtaining a United States visa. (5) In 2017, Taiwan became the third location in East Asia and the 12th nation worldwide to be eligible for the Global Entry program, which allows for expedited immigration and customs clearance and pre-approval. 3. Sense of Congress It is the sense of Congress that— (1) Taiwan is a steadfast partner of the United States in the common pursuit of a free and open Indo-Pacific region; and (2) the United States should prioritize the establishment of preclearance facilities and other security programs with allies and partners in the Indo-Pacific region, including Taiwan. 4. Defined term The term appropriate congressional committees means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on Finance of the Senate ; (3) the Committee on Commerce, Science, and Transportation of the Senate ; (4) the Committee on Homeland Security of the House of Representatives ; and (5) the Committee on Ways and Means of the House of Representatives . 5. Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, shall submit a report to the appropriate congressional committees that— (1) describes the plan for the establishment of a preclearance facility in Taiwan or in other countries in the Indo-Pacific region; (2) analyzes the feasibility and advisability for the establishment of a preclearance facility in Taiwan; (3) assesses the impacts that preclearance operations in Taiwan will have on— (A) trade between the United States and Taiwan, including the impact on established supply chains; (B) the tourism industry in the United States, including the potential impact on revenue and tourist-related commerce; (C) United States and foreign passengers traveling to the United States for business-related activities; (D) cost savings and potential market access by expanding operations into the Indo-Pacific region; (E) opportunities for government-to-government collaboration available in Taiwan after preclearance operations are established; and (F) U.S. Customs and Border Patrol international and domestic port of entry staffing; and (4) includes country-specific information on the anticipated homeland security benefits and the security vulnerabilities associated with conducting preclearance operations in Taiwan. | https://www.govinfo.gov/content/pkg/BILLS-117s3312is/xml/BILLS-117s3312is.xml |
117-s-3313 | II 117th CONGRESS 1st Session S. 3313 IN THE SENATE OF THE UNITED STATES December 6, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Consolidated Natural Resources Act of 2008 to extend the authorization of financial assistance with respect to the Abraham Lincoln National Heritage Area.
1. Abraham Lincoln National Heritage Area Section 451 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 824) is amended by striking the date that is 15 years after the date of the enactment of this subtitle and inserting May 8, 2038 . | https://www.govinfo.gov/content/pkg/BILLS-117s3313is/xml/BILLS-117s3313is.xml |
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