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117-s-3314 | II 117th CONGRESS 1st Session S. 3314 IN THE SENATE OF THE UNITED STATES December 6, 2021 Mr. Boozman (for himself, Mr. Padilla , Mr. Marshall , and Mr. Tester ) 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 extend certain increases in payments for physicians’ services under the Medicare program through 2022.
1. Short title This Act may be cited as the Supporting Medicare Providers Act of 2021 . 2. Extending certain increases in payments for physicians’ services under the Medicare program through 2022 (a) In general Section 1848(t) of the Social Security Act ( 42 U.S.C. 1395w–4(t) ) is amended— (1) in paragraph (1)— (A) by striking during 2021 and inserting during 2021 or 2022 ; and (B) by striking January 1, 2022 and inserting January 1, 2023 ; and (2) in paragraph (2)(C)— (A) in the header, by striking 2021 and inserting 2021 and 2022 ; and (B) by striking after 2021 and inserting after 2022 . (b) Conforming amendment Section 1848(c)(2)(B)(iv)(V) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(iv)(V) ) is amended by striking 2021 and inserting 2021 or 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s3314is/xml/BILLS-117s3314is.xml |
117-s-3315 | II 117th CONGRESS 1st Session S. 3315 IN THE SENATE OF THE UNITED STATES December 6, 2021 Ms. Lummis (for herself, Mr. Barrasso , Mr. Crapo , 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 Endangered Species Act of 1973 to require disclosure to States of the basis of determinations under that Act, to ensure use of information provided by State, Tribal, and local governments in decision making under that Act, and for other purposes.
1. Short title This Act may be cited as the State, Tribal, and Local Species Transparency and Recovery Act . 2. Requiring decisional transparency with affected States Section 6(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1535(a) ) is amended— (1) in the first sentence, by striking In carrying out and inserting the following: (1) In carrying out ; and (2) in paragraph (1) (as so designated), in the second sentence, by striking Such cooperation shall include and inserting the following: (2) Cooperation under paragraph (1) shall include— (A) before making a determination under section 4(a), providing to States affected by that determination all data that is the basis of the determination; and (B) . 3. Ensuring use of State, Tribal, and local information (a) In general Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— (1) by redesignating paragraphs (2) through (21) as paragraphs (3) through (22), respectively; and (2) by inserting after paragraph (1) the following: (2) The term best scientific and commercial data available includes all of the best available scientific and commercial data submitted by a State, Tribal, or local government. . (b) Conforming amendment Section 7(n) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(n) ) is amended, in the first sentence, by striking , as defined by section 3(13) of this Act, . | https://www.govinfo.gov/content/pkg/BILLS-117s3315is/xml/BILLS-117s3315is.xml |
117-s-3316 | II 117th CONGRESS 1st Session S. 3316 IN THE SENATE OF THE UNITED STATES December 6, 2021 Mr. Grassley (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for certain whistleblower incentives and protections.
1. Whistleblower incentives and protections Section 5323 of title 31, United States Code, as amended by section 6314 of the Anti-Money Laundering Act of 2020 (division F of Public Law 116–283 ) is amended by striking subsection (b) and inserting the following: (b) Awards (1) In general In any covered judicial or administrative action, or related action, the Secretary, under regulations prescribed by the Secretary, in consultation with the Attorney General and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to the employer of the individual, the Secretary, or the Attorney General, as applicable, that led to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal to— (A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions; and (B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions. (2) Payment of awards Any amount paid under paragraph (1) shall be paid from the Fund established under paragraph (3). (3) Source of awards (A) In general There shall be established in the Treasury of the United States a revolving fund to be known as the Financial Integrity Fund (referred to in this subsection as the Fund ). (B) Use of Fund The Fund shall be available to the Secretary, without further appropriation or fiscal year limitations, only for the payment of awards to whistleblowers as provided in subsection (b). (C) Restrictions on use of fund The Fund shall not be available to pay any personnel or administrative expenses. (4) Deposits and credits (A) In general There shall be deposited into or credited to the Fund an amount equal to— (i) any monetary sanction collected by the Secretary or Attorney General in any judicial or administrative action under this title unless the balance of the Fund at the time the monetary judgement is collected exceeds $300,000,000; and (ii) all income from investments made under paragraph (5). (B) Additional amounts If the amounts deposited into or credited to the Fund under subparagraph (A) are not sufficient to satisfy an award made under this subsection, there shall be deposited into or credited to the Fund an amount equal to the unsatisfied portion of the award from any monetary sanction collected by the Secretary of the Treasury or Attorney General in the covered judicial or administrative action on which the award is based. (5) Investments (A) Amounts in Fund may be invested The Secretary of the Treasury may invest the portion of the Fund that is not required to meet the current needs of the Fund. (B) Eligible investments Investments shall be made by the Secretary of the Treasury in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with maturities suitable to the needs of the Fund as determined by the Secretary. (C) Interest and proceeds credited The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s3316is/xml/BILLS-117s3316is.xml |
117-s-3317 | II 117th CONGRESS 1st Session S. 3317 IN THE SENATE OF THE UNITED STATES December 6, 2021 Mr. Coons (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To strengthen United States national security through the defense of democracy abroad and to address contemporary threats to democracy around the world, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Democracy in the 21st Century Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Program prioritization and democracy strategy. Sec. 4. Authorities and limitation. Sec. 5. Establishment of certain funds. Sec. 6. Roles and responsibilities. Sec. 7. Coordinators for democracy programs. Sec. 8. Authorization of appropriations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Democracy programs For purposes of funds authorized to be appropriated by this Act, the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or appropriated under any Act making appropriations for the Department of State, foreign operations, and related programs, the term democracy programs means programs that— (A) support democratic governance consistent with section 133(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152c(b) ), and— (i) transparent, accountable, and democratic governance (including combating corruption); (ii) credible and competitive elections; (iii) freedom of expression (including countering disinformation and misinformation), association, assembly, and religion; (iv) human rights and labor rights; (v) independent media; (vi) internet freedom and digital rights and responsibilities; and (vii) the rule of law; or (B) otherwise strengthen the capacity of democratic political parties, nongovernmental organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens. (3) NED The term NED means the National Endowment for Democracy. (4) Relevant Federal agencies The term relevant Federal agencies means— (A) the Department of State; (B) the United States Agency for International Development; and (C) other Federal agencies that the President determines are relevant for purposes of this Act. (5) USAID The term USAID means the United States Agency for International Development. 3. Program prioritization and democracy strategy (a) Findings Congress makes the following findings: (1) Democracy has weakened around the world for at least 15 consecutive years. In some places, authoritarian leaders have deliberately chipped away at the pillars of democracy; in others, rampant partisanship and disinformation have pitted democratic electorates against themselves. In many places, the People’s Republic of China (PRC), the Federation of Russia, and other states have found ways to encourage or amplify these trends, including through the strategic use of corruption. (2) The erosion of global democracy fundamentally undermines the national security of the United States. Democracies consistently prove to be the most reliable geopolitical allies and trading partners for the United States. Democracies by any reasonable measure outperform non-democracies in delivering prosperity and good governance, and in preventing instability and violent extremism. The erosion of democracy in foreign countries threatens the United States at home, because the threats democracy faces around the world (including disinformation, hyperpolarization, election meddling, weaponized corruption, digital repression, and attacks on independent media) respect no national boundary. If left unaddressed overseas, this democratic erosion will threaten American democracy at home. (3) More generally, the competition between democracies and autocracies has again become an animating feature of global politics, with authoritarian powers (often with support from the PRC or Russia) using their resources, influence, and technology to undermine and interfere in democratic processes and co-opt public officials. (4) The current approach of the United States Government to supporting global democracy must be updated to meet today’s challenges. The survival of the democratic project will always depend on free and fair elections, strong democratic institutions, the rule of law, and an empowered civil society. The United States Government must also establish new authorities and resources to address contemporary threats to democracy, including malign foreign interference, transnational corruption, and digital authoritarianism. (b) Program prioritization The United States Government should prioritize democracy programs that— (1) advance democracy worldwide, including during a country’s transition to democracy, a consolidation of democracy following such a transition, and democratic backsliding in a country; (2) support democracy and democratic activists in closed and repressive societies, including defending their human rights; (3) counter the malign influence of the PRC, the Federation of Russia, and other authoritarian governments; (4) counter corruption and kleptocracy, including by enhancing transparent, accountable, and responsive governance; (5) promote and protect independent media, civil society activists, writers, artists, and intellectuals; (6) counter misinformation and disinformation of all kinds, but especially in the digital domain; (7) counter authoritarian abuse of technology, and prevent manipulation—especially through digital means—of elections, electoral data, and critical infrastructure; (8) combat digital authoritarianism, including the use of the internet and other digital technologies to undermine human rights; (9) promote internet freedom and the use of technology that furthers democracy and human rights; (10) counter transnational repression and the extra-territorial extension of repressive measures, as well as the increasing use of arbitrary detention; (11) respond rapidly to democratic openings or backsliding; (12) promote civic education, voter education, and enhanced citizen participation in democratic processes; (13) seek to ensure the integrity of elections abroad; and (14) establish and promote democracy partnerships to maximize support to a country where a democratic opening is underway or the respective government is a genuine partner for democratic reform. (c) Strategy Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a comprehensive strategy to promote democracy abroad. The strategy shall encompass a whole of government approach to such efforts, and include detailed information on funding, goals and objectives, and oversight. 4. Authorities and limitation (a) Availability Funds that are authorized to be appropriated pursuant to the National Endowment for Democracy Act ( 22 U.S.C. 4412 ) or appropriated under any Act making appropriations for the Department of State, foreign operations, and related programs for the National Endowment for Democracy may be made available notwithstanding any other provision of law and any regulation. (b) Beneficiaries Funds that are made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164 ), including all decisions regarding the selection of beneficiaries. (c) Restrictions on foreign government interference (1) Prior approval With respect to the provision of assistance for democracy programs by relevant Federal agencies, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country. (2) Disclosure of implementing partner information If the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the government of a country is undemocratic or has engaged in gross violations of human rights, any new bilateral agreement governing the terms and conditions under which assistance is provided to such a country shall not require the disclosure of the names of implementing partners of democracy programs, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform to this requirement. (3) Reporting requirement The Secretary of State, in coordination with the USAID Administrator, shall submit a report to the appropriate congressional committees, not later than January 31, 2022, and annually thereafter until September 30, 2026, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. (d) Information sharing The Assistant Secretary for Democracy, Human Rights, and Labor of the Department of State and the Assistant Administrator for Development, Democracy, and Innovation of USAID shall regularly inform the NED of democracy programs that are planned and supported by such agencies, and the NED President shall regularly inform such Secretary and Administrator of programs that are planned and supported by the NED, consistent with the requirements of section 505 of the National Endowment for Democracy Act ( 22 U.S.C. 4414 ). (e) Digital security Democracy programs supported by funds authorized to be appropriated pursuant to section 8 should include a component on digital security to enhance the security and safety of implementers and beneficiaries, including, as appropriate, assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means. 5. Establishment of certain funds (a) Fund To Defend Democracy Globally (1) Establishment The Secretary of State and the Administrator of the United States Agency for International Development, following consultation with the appropriate congressional committees, may each establish a Fund to Defend Democracy Globally, which may accept contributions from other international donors and the private sector. The Secretary and the Administrator shall regularly coordinate programs and activities supported by each respective Fund. (2) Purpose The purpose of such Funds is to support programs that— (A) strengthen and enhance the Department of State and USAID’s ability to respond quickly and flexibly to democratic openings and backsliding; (B) assist fledgling or struggling democracies deliver services and meet expectations for their populations through a full range of development assistance from the United States and other international donors, in consultation and coordination with the governments of such democracies, in order to further reforms and strategies identified by such governments through consultation with respective civil societies; (C) support, in cooperation with other international donors and in consultation with nongovernmental organizations, independent and public interest media worldwide to help such media resist the overlapping challenges of authoritarian encroachment, threats to their financial viability, and litigation and regulatory environments meant to undercut their ability to operate; (D) center democratic values and human rights in current and emerging technologies, and counter efforts by authoritarian governments to surveil, censor, or otherwise repress populations by digital means, including through programs that— (i) counter disinformation; (ii) establish an initiative to be housed at USAID to help countries around the world implement governing regulations for the procurement and use of technology consistent with democratic and human rights norms and standards; (iii) provide digital public goods to reduce the appeal of authoritarian-leaning technologies to cash-strapped countries; (iv) provide education on digital literacy to key populations; and (v) support the ongoing prioritization of democratic values in technological development in the years to come; and (E) establish an international coalition of governmental and nongovernmental actors dedicated to preserving election integrity by providing funds to deter or combat external influence in elections abroad, including cyber intrusion, disinformation, and other threats, and assist elections to meet coalition-defined standards of electoral integrity. (3) Authorization of appropriations Of the funds authorized to be appropriated pursuant to section 8, not less than $20,000,000, to remain available until expended, should be made available for each Fund established under this subsection. (b) Fund To combat corruption and kleptocracy (1) Establishment The USAID Administrator, following consultation with the appropriate congressional committees, may establish a Fund to Combat Corruption and Kleptocracy abroad. (2) Contributions The Fund may accept contributions from other international donors and the private sector, and provide contributions to multilateral organizations. (3) Purposes The purposes of the Fund are to support efforts by foreign governments, civil society, and the private sector to combat corruption and kleptocracy abroad, including through efforts that— (A) enhance government transparency, accountability, and responsiveness across development sectors; (B) improve detection and exposure of corruption crimes, including those that cross borders; (C) expand investigations and prosecutions of corrupt acts and hold corrupt actors accountable; (D) strengthen norms and standards at the local, national, regional, and international levels; and (E) augment cooperation with the private sector and key industries to root out corruption that harms competitiveness, economic growth, and development and taints critical supply chains. (4) Authorization of appropriations Of the funds authorized to be appropriated pursuant to section 8, not less than $20,000,000, to remain available until expended, should be made available for the Fund. (c) Democracy Research and Development Fund (1) Establishment The Administrator of the United States Agency for International Development, following consultation with the appropriate congressional committees, may establish a Democracy Research and Development Fund. (2) Contributions The Fund may accept contributions from other international donors and the private sector, and provide contributions to multilateral organizations. (3) Purposes The purposes of the Fund are to— (A) support research and development by the Department of State, USAID, and NED on policies, programs, and technologies relating to democracy promotion abroad; (B) drive innovation within those entities regarding the response to democratic backsliding; and (C) incentivize collaboration among government, nongovernmental organizations, and the private sector with the objective of identifying and mitigating the threats to global democracy. (4) Reports from the Coordinators for Democracy Programs and the National Endowment for Democracy Not later than 180 days after enactment of this Act, and annually thereafter until September 30, 2026, the Coordinators for Democracy Programs established pursuant to section 7 and the President of the National Endowment for Democracy shall each submit to the appropriate congressional committees a report detailing research and development programs supported by the Department of State, USAID, and NED during the prior fiscal year. The report may be accompanied by a classified annex, if necessary. (5) Authorization of appropriations Of the funds authorized to be appropriated by section 8, $15,000,000, to remain available until expended, should be made available for the Fund. 6. Roles and responsibilities Funds authorized to be appropriated pursuant to section 8 should be made available as follows, consistent with the overall strategic direction and capabilities of the Department of State and USAID: (1) For the Department of State, such funds should be the responsibility of the Assistant Secretary of State for Democracy, Human Rights, and Labor, except for funds provided to NED. Such funds shall be made available as grants and should have as their primary purpose democracy programs that are flexible, innovative, and responsive to— (A) current human rights abuses and democracy deficiencies as documented in the annual Country Report on Human Rights Practices required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) , 2304(b)); and (B) emerging opportunities and sudden crises. (2) For USAID, such funds should have as their primary purpose flexible, innovative, and responsive democracy programs that are development-oriented, often coordinated through a Country Development Cooperation Strategy, and conducted in countries where a USAID Mission is present or where a USAID Mission in a neighboring country can run such programs effectively. Such programs should, as appropriate, build local capacity with an eye to persistent multi-year efforts, incorporate democracy programming into a larger development strategy, and emphasize locally led programs when possible. Funds made available for civil society and political competition and consensus building programs abroad shall be provided in a manner that recognizes the benefits of grants and cooperative agreements in implementing such programs. (3) In cases where both the Department of State and USAID are able to respond to emerging opportunities and sudden crises, including in closed and repressive societies, the Coordinators of Democracy Programs established pursuant to section 7 shall coordinate their respective programs, including at the country level, to ensure complementarity and prevent waste or redundancy. 7. Coordinators for democracy programs The Assistant Secretary of State for Democracy, Human Rights, and Labor of the Department of State and the Assistant Administrator for Development, Democracy, and Innovation shall serve concurrently as the Coordinators for Democracy Programs, and as Coordinators shall— (1) coordinate democracy policy and programs across relevant Federal agencies, at diplomatic facilities abroad, and with the NED regarding the safety, efficacy, and best practices of democracy programs abroad; (2) engage international partners, including foreign governments, civil society, and democracy activists, in addressing the advancement of democracy abroad; and (3) serve as the primary United States representatives at international fora on matters relating to democracy programs. 8. Authorization of appropriations (a) Democracy programs There are authorized to be appropriated for democracy programs in each of fiscal years 2022, 2023, 2024, 2025, and 2026, to remain available until expended, $3,000,000,000, including for new Presidential initiatives regarding democracy promotion abroad. (b) Administration of department of state democracy programs Of the funds authorized to be appropriated by this section that are made available for the Bureau of Democracy, Human Rights, and Labor of the Department of State, up to 15 percent may be made available for the administration of democracy programs by such Bureau in each of fiscal years 2022, 2023, 2024, 2025, and 2026, including for the hiring of additional personnel following consultation with the appropriate congressional committees. Such funds are in addition to funds otherwise made available for such purposes. (c) Administration of USAID democracy programs Of the funds authorized to be appropriated by this section that are made available for the Bureau for Development, Democracy, and Innovation, USAID, up to 15 percent may be made available for the administration of democracy programs by such Bureau in each of fiscal years 2022, 2023, 2024, 2025, and 2026, including for the hiring of additional personnel following consultation with the appropriate congressional committees. Such funds are in addition to funds otherwise made available for such purposes. | https://www.govinfo.gov/content/pkg/BILLS-117s3317is/xml/BILLS-117s3317is.xml |
117-s-3318 | II 117th CONGRESS 1st Session S. 3318 IN THE SENATE OF THE UNITED STATES December 6, 2021 Mr. Cotton (for himself, Mr. Young , Mr. Cramer , Mr. Rubio , Mr. Braun , Mrs. Blackburn , Mr. Scott of Florida , Mr. Marshall , Mr. Cruz , Mr. Daines , Mr. Blunt , Mr. Hagerty , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To deter foreign financial institutions from providing banking services for the benefit of foreign terrorist organizations and from facilitating or promoting payments for acts of terrorism.
1. Short title This Act may be cited as the Taylor Force Martyr Payment Prevention Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) Banks in nominally friendly jurisdictions evade United States anti-terrorism sanctions by avoiding an official presence in the United States, and continue to knowingly provide banking services, including dollar-denominated transactions, for terrorist organizations that target United States nationals for murder. (2) Such flouting of anti-terrorism financial regulations is only possible through the maintenance or use of correspondent accounts at United States banks for the benefit of terrorist organizations. (b) Sense of Congress It is the sense of Congress that under authority granted by section 5318A of title 31, United States Code, as amended by section 3, the Secretary of the Treasury should— (1) find foreign financial institutions that flout anti-terrorism financial regulations to be of primary money laundering concern; and (2) prohibit the maintenance or use of correspondent accounts in the United States by such institutions. 3. Consideration of facilitation of terrorism in designating institutions, accounts, and transactions as of primary money laundering concern Section 5318A(c)(2)(B) of title 31, United States Code, is amended— (1) in the matter preceding clause (i), by striking all 3 and inserting all of the preceding ; (2) in clause (ii), by striking ; and and inserting a semicolon; and (3) by adding at the end the following: (iv) notwithstanding clause (ii), the extent to which such institutions knowingly provide, or cause other financial institutions to provide, financial services (including personal banking services) to the entity described in subsection (a) of section 594.319 of title 31, Code of Federal Regulations (or a successor regulation), or persons described in subsection (b) of that section; and (v) the extent to which such institutions, transactions, or types of accounts are used to facilitate or promote payments for acts of terrorism described in section 1004(a)(1)(B) of the Taylor Force Act ( 22 U.S.C. 2378c–1(a)(1)(B) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s3318is/xml/BILLS-117s3318is.xml |
117-s-3319 | II 117th CONGRESS 1st Session S. 3319 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Klobuchar (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 155 Main Avenue West in Winsted, Minnesota, as the James A. Rogers Jr. Post Office .
1. James A. Rogers Jr. Post Office (a) Designation The facility of the United States Postal Service located at 155 Main Avenue West in Winsted, Minnesota, shall be known and designated as the James A. Rogers Jr. Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the James A. Rogers Jr. Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3319is/xml/BILLS-117s3319is.xml |
117-s-3320 | II 117th CONGRESS 1st Session S. 3320 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Klobuchar (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 100 3rd Avenue Northwest in Perham, Minnesota, as the Charles P. Nord Post Office .
1. Charles P. Nord Post Office (a) Designation The facility of the United States Postal Service located at 100 3rd Avenue Northwest in Perham, Minnesota, shall be known and designated as the Charles P. Nord Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Charles P. Nord Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3320is/xml/BILLS-117s3320is.xml |
117-s-3321 | II 117th CONGRESS 1st Session S. 3321 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Klobuchar (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the W.O.C. Kort Miller Plantenberg Post Office .
1. W.O.C. Kort Miller Plantenberg Post Office (a) Designation The facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, shall be known and designated as the W.O.C. Kort Miller Plantenberg Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the W.O.C. Kort Miller Plantenberg Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3321is/xml/BILLS-117s3321is.xml |
117-s-3322 | II 117th CONGRESS 1st Session S. 3322 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to Nord Stream 2 AG.
1. Short title This Act may be cited as the CAATSA Implementation Act of 2021 . 2. Imposition of sanctions with respect to Nord Stream 2 AG (a) Finding Congress finds that since July 21, 2021, the Government of the Russian Federation has attempted to use energy as a weapon to achieve aggressive political ends. (b) Application of sanctions Not later than 15 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) of section 10 of the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8909 ), as added by section 228 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 911), with respect to Nord Stream 2 AG. (c) Congressional review of termination of sanctions Section 216(a)(2) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511(a)(2) ) is amended— (1) in subparagraph (A)(ii), by inserting or otherwise remove after waive ; and (2) in subparagraph (B)(i)— (A) in subclause (II), by striking ; or and inserting a semicolon; (B) in subclause (III), by striking ; and and inserting ; or ; and (C) by adding at the end the following: (IV) section 2(b) of the CAATSA Implementation Act of 2021 ; and . | https://www.govinfo.gov/content/pkg/BILLS-117s3322is/xml/BILLS-117s3322is.xml |
117-s-3323 | II 117th CONGRESS 1st Session S. 3323 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Cramer (for himself and Mr. Blumenthal ) 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 make certain improvements to the Veterans Justice Outreach Program, and for other purposes.
1. Short title This Act may be cited as the Veterans Justice Outreach Improvement Act of 2021 . 2. Improvements to Veterans Justice Outreach Program (a) Outreach requirement The Secretary of Veterans Affairs shall conduct outreach regarding the Veterans Justice Outreach Program to justice-involved veterans, military and veterans service organizations, and relevant stakeholders in the criminal justice community, including officials from local law enforcement, court, and jail systems and others as determined appropriate by the Secretary. Such outreach— (1) shall be designed— (A) to spread awareness and understanding of the Program; (B) to spread awareness and understanding of veteran eligibility for the Program, including the eligibility of veterans who were discharged from service in the Armed Forces under conditions other than honorable; and (C) to improve the identification of justice-involved veterans; and (2) may be conducted in person, virtually, or through other means, including by the dissemination of informational materials and contact information. (b) Strategic plan The Secretary of Veterans Affairs shall develop a strategic plan for the Veterans Justice Outreach Program. In developing such plan, the Secretary shall conduct— (1) an assessment of barriers to working with justice-involved veterans in rural, remote, and underserved areas, including potential steps to address such barriers; and (2) a workforce gap analysis for the Program. (c) Increase in number of VJO specialists (1) Increase The Secretary of Veterans Affairs shall increase the number of Veterans Justice Outreach specialists responsible for supporting justice-involved veterans in rural, remote, or underserved areas, including areas located far from Department of Veterans Affairs medical centers, as determined by the Secretary, through— (A) the hiring of additional Veterans Justice Outreach specialists; (B) the reallocation of existing Veterans Justice Outreach specialists; or (C) such other means as may be determined appropriate by the Secretary. (2) Determination The Secretary shall determine the number of Veterans Justice Outreach specialists required, and the locations of such specialists, under paragraph (1) by taking into account— (A) such number and locations needed to achieve the mission and strategic goals of the Veterans Justice Outreach Program; (B) any gaps in the workforce of the Program, including such gaps identified pursuant to subsection (b)(2); and (C) strategies to address such gaps. (3) Use of technology In carrying out paragraph (1), the Secretary shall consider the use of virtual technology. (d) Performance goals and implementation plans (1) Establishment The Secretary of Veterans Affairs shall establish performance goals and implementation plans for— (A) the Veterans Justice Outreach Program; (B) Veterans Justice Outreach Specialists; and (C) providing support for research regarding justice-involved veterans. (2) Consistency with strategic plan The Secretary shall ensure that the performance goals and implementation plans under paragraph (1) are consistent with the strategic plan under subsection (b) and include— (A) qualitative and quantitative milestones, measures, and metrics, and associated timelines for completion of the plans under paragraph (1) and barriers to such completion; (B) an identification of relevant staff; and (C) an estimate of resource needs and sources. (3) Performance data The Secretary shall establish a process to regularly collect and analyze performance data to assess the efficiency and effectiveness of implementing the plans under paragraph (1). (e) Training requirement The Secretary shall ensure that all Veterans Justice Outreach Specialists receive training not less frequently than annually on— (1) best practices for identifying and conducting outreach to justice-involved veterans and relevant stakeholders in the criminal justice community; and (2) veteran eligibility for the Veterans Justice Outreach Program, including with respect to consistently communicating changes regarding eligibility (including through the use of a script or other reference materials). (f) Reports on implementation (1) First report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the following: (A) An assessment of implementing subsection (c), including— (i) strategies to increase Veterans Justice Outreach specialists responsible for supporting justice-involved veterans in rural, remote, or underserved areas; and (ii) the progress of the Secretary in addressing gaps in the workforce of the Veterans Justice Outreach Program identified pursuant to paragraph (2) of such subsection. (B) The performance goals and implementation plans established under subsection (d)(1). (2) Subsequent report Not later than three years after the date on which the first report is submitted under paragraph (1), the Secretary shall submit to Congress a report on the progress of the Secretary in meeting the performance goals and carrying out activities under the implementation plans established under subsection (d)(1). (g) Report on veterans treatment courts Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General, shall submit to Congress a report on the engagement of the Department of Veterans Affairs with veterans treatment courts, including— (1) the availability and efficacy of veterans treatment courts in meeting the needs of justice-involved veterans; (2) best practices for Department of Veterans Affairs staff and justice-involved veterans in working with veterans treatment courts; and (3) the ability of justice-involved veterans to access veterans treatment courts, including any barriers that exist to increasing such access. (h) Definitions In this section: (1) Justice-involved veteran The term justice-involved veteran means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. (2) Veterans Justice Outreach Program The term Veterans Justice Outreach Program means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. (3) Veterans Justice Outreach Specialist The term Veterans Justice Outreach Specialist means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran. (4) Veterans treatment court The term veterans treatment court means a State or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(i)(1) )). | https://www.govinfo.gov/content/pkg/BILLS-117s3323is/xml/BILLS-117s3323is.xml |
117-s-3324 | II 117th CONGRESS 1st Session S. 3324 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish requirements for quality and discard dates that are, at the option of food labelers, included in food packaging, and for other purposes.
1. Short title This Act may be cited as the Food Date Labeling Act of 2021 . 2. Definitions In this Act: (1) Administering Secretaries The term administering Secretaries means— (A) the Secretary of Agriculture, with respect to any product that is— (i) under the jurisdiction of the Secretary of Agriculture; and (ii) (I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 )); (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 )); or (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 )); and (B) the Secretary of Health and Human Services, with respect to any product that is— (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )). (2) Discard date The term discard date means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. (3) Food labeler The term food labeler means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product. (4) Quality date The term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which— (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b) )). 3. Quality dates and discard dates (a) Quality dates (1) In general If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By or, if permissible under subsection (c)(3), the standard abbreviation of BB , unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard dates (1) In general If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By or, if permissible under subsection (c)(3), the standard abbreviation of UB , unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality date and discard date labeling (1) In general The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase— (A) shall be— (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations A food labeler may use a standard abbreviation of BB and UB for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. (4) Freeze by A food labeler may add or Freeze By following a quality date or discard date uniform phrase. (d) Education Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Effect; preemption (1) Effect on sale or donation of foods Nothing in this Act or an amendment made by this Act prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (2) Effect on infant formula Nothing in this Act or an amendment made by this Act— (A) applies with respect to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); or (B) affects the requirements relating to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) or any other applicable provision of law. (3) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (4) Enforcement The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (5) Savings Notwithstanding paragraph (3), nothing in this Act, any amendment made by this Act, or any standard or requirement imposed pursuant to this Act preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. (f) Time temperature indicator labels Nothing in this Act or an amendment made by this Act prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). 4. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it is food and its labeling is in violation of section 3 of the Food Date Labeling Act of 2021 . . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) if its labeling is in violation of section 3 of the Food Date Labeling Act of 2021 . . (c) Meat products Section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) if its labeling is in violation of section 3 of the Food Date Labeling Act of 2021 . . (d) Egg products Section 7(b) of the Egg Products Inspection Act ( 21 U.S.C. 1036(b) ) is amended in the first sentence by inserting or if its labeling is in violation of section 3 of the Food Date Labeling Act of 2021 before the period at the end. 5. Regulations Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this Act and the amendments made by this Act. 6. Delayed applicability This Act and the amendments made by this Act shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 5. | https://www.govinfo.gov/content/pkg/BILLS-117s3324is/xml/BILLS-117s3324is.xml |
117-s-3325 | II 117th CONGRESS 1st Session S. 3325 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mrs. Blackburn (for herself, Ms. Cortez Masto , Mr. Hagerty , Ms. Klobuchar , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To make companies that support venues and events eligible for grants under the shuttered venue operators grant program, and for other purposes.
1. Short title This Act may be cited as the MUSIC Act . 2. Adding service and support companies to the shuttered venue operators grant program (a) In general Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting a service and support company, after theatre operator, ; (II) in clause (i)— (aa) in the matter preceding subclause (I), by inserting the service and support company, after theatre operator, ; and (bb) in subclause (I), by inserting a service and support company, after theatre operator, ; (III) in clause (ii)— (aa) in subclause (III), by striking and at the end; (bb) in subclause (IV), by adding and at the end; and (cc) by adding at the end the following: (V) the service and support company is or intends to resume the services and activities described in paragraph (11); ; and (IV) in clause (vi), by inserting the service and support company, after theatre operator, each place that term appears; and (ii) in subparagraph (B), by inserting service and support company, after theatre operator, each place that term appears; and (B) by adding at the end the following: (11) Service and support company The term service and support company — (A) means an individual or entity— (i) that is assigned a North American Industry Classification System code of 532490, 541410, 541420, 541430, 541490, 561920, 711190, 711300, or 711320, as appears on the most recent income tax filing or on the application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) of the individual or entity, if applicable; and (ii) that— (I) (aa) as the principal business of the individual or entity, provides stages, lighting, sound, casts, or other support for live performing arts events; and (bb) for which not less than 70 percent of the earned revenue generated through providing the support described in item (aa) is for live performing arts events organized, promoted, produced, managed, or hosted by an eligible person or entity described in paragraph (1)(A)(iii); or (II) (aa) as the principal business of the individual or entity, showcases performers or pre-packaged productions to potential buyers; and (bb) for which not less than 70 percent of the earned revenue generated through showcasing performers or pre-packaged productions described in item (aa) is for live performing arts events— (AA) organized, promoted, produced, managed, or hosted by an eligible person or entity described in paragraph (1)(A)(iii); or (BB) hosted in a hotel or convention center facility; (B) includes an individual or entity described in subparagraph (A) that— (i) operates for profit; (ii) is a nonprofit organization; (iii) is government-owned; or (iv) is a corporation, limited liability company, or partnership or operated as a sole proprietorship; and (C) does not include— (i) an individual or entity described in subparagraph (A) that— (I) employs more than 250 full-time employees; or (II) is registered or operates outside of the United States; or (ii) an entity that is majority owned or controlled by an entity that is an issuer, the securities of which are listed on a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). ; and (2) in subsection (b)(2)(B), by adding at the end the following: (iii) Priority for awards to service and support companies (I) First priority in awarding grants During the initial 14-day period during which service and support companies are eligible to receive a grant under this paragraph, in making awards to those companies, the Administrator shall only award grants to those companies with revenue during the period beginning on April 1, 2020, and ending on December 31, 2020, that is not more than 10 percent of the revenue of the company during the period beginning on April 1, 2019, and ending on December 31, 2019, due to the COVID–19 pandemic. (II) Second priority in awarding grants During the 14-day period immediately following the 14-day period described in clause (i), in making awards to service and support companies under this paragraph, the Administrator shall only award grants to those companies with revenue, during the period beginning on April 1, 2020, and ending on December 31, 2020, that is not more than 30 percent of the revenue of the company during the period beginning on April 1, 2019, and ending on December 31, 2019, due to the COVID–19 pandemic. . (b) Processing previously denied applications If a service and support company, as defined in paragraph (11) of section 324(a) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ), as added by subsection (a), was denied a grant under such section before the date of enactment of this Act due to lack of eligibility but, as a result of the amendments made by subsection (a), is eligible for a grant under such section, the Administrator of the Small Business Administration shall reconsider and process the application of the service and support company. (c) Regulations Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to carry out this Act and the amendments made by this Act without regard to the notice requirements under section 553(b) of title 5, United States Code. (d) Sense of Congress It is the sense of Congress that the Administrator of the Small Business Administration should— (1) issue guidance to ensure that entities whose principal business is to provide services and support to the live events industry remain eligible for the program established under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ); and (2) distribute funds appropriated for the program described in paragraph (1) not later than 120 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3325is/xml/BILLS-117s3325is.xml |
117-s-3326 | II 117th CONGRESS 1st Session S. 3326 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To modify Department of Defense printed circuit board acquisition restrictions, and for other purposes.
1. Short title This Act may be cited as the Strengthening Protections Against Chinese Printed Circuit Boards Act . 2. Modifications to printed circuit board acquisition restrictions (a) In general Section 2533d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking January 1, 2023 and inserting the date determined under paragraph (3) ; and (B) by adding at the end the following new paragraph: (3) Paragraph (1) shall take effect on January 1, 2027. ; (2) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting specified type of after means any ; (ii) in subparagraph (A), by striking (as such terms are defined under sections 103 and 103a of title 41, respectively) ; and (iii) by amending subparagraph (B) to read as follows: (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. ; and (B) by adding at the end the following new paragraphs: (3) Commercial product; commercial service; commercially available off-the-shelf item The terms commercial product , commercial service , and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (4) Defense security system (A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions. (B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (5) Specified type The term specified type means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network; and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2). ; and (3) by amending subsection (d) to read as follows: (d) Rulemaking (1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if— (A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems, including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (B) either— (i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or (ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. (2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. (3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items. . (b) Modification of independent assessment of printed circuit boards Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) by striking the date of enactment of this Act and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; (B) by striking shall seek to enter and inserting shall enter ; (C) by striking to include printed circuit boards in commercial products or services, or in and inserting to printed circuit boards in other commercial or ; and (D) by striking the scope of mission critical and all that follows through the period at the end and inserting types of systems other than defense security systems (as defined in section 2533d(c) of title 10, United States Code) that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ; (2) in the heading for paragraph (2), by striking department of defense and inserting Department of Defense ; (3) in paragraph (2), by striking one year after entering into the contract described in paragraph (1) and inserting January 1, 2023 ; (4) in the heading for paragraph (3), by striking congress and inserting Congress ; and (5) in paragraph (3), by inserting after the recommendations of the report. the following: The Secretary shall use the report to determine whether any systems (other than defense security systems (as defined in section 2533d(c) of title 10, United States Code)) or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s3326is/xml/BILLS-117s3326is.xml |
117-s-3327 | II 117th CONGRESS 1st Session S. 3327 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Markey (for himself, Mr. Manchin , Mr. Brown , and Mr. Durbin ) 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 require the Attorney General to make procurement quotas for opioid analgesics publicly available, and for other purposes.
1. Short title This Act may be cited as the Opioid Quota Openness, Transparency, and Awareness Act of 2021 or the Opioid QuOTA Act of 2021 . 2. Public reporting of procurement quotas for opioid analgesics (a) In general Section 306 of the Controlled Substances Act ( 21 U.S.C. 826 ) is amended by adding at the end the following: (j) (1) In this subsection, the term opioid procurement quota means a quota established by the Attorney General for the quantity of opioid analgesics that a registered manufacturer may procure for purposes of manufacturing dosage forms or other substances. (2) The Attorney General shall make publicly available, including through the website of the Drug Enforcement Administration— (A) the quantity of the opioid procurement quota for each registered manufacturer for each year; (B) the quantity of opioid analgesics procured by each registered manufacturer for each year; and (C) except as provided under paragraph (3)— (i) a copy of the form or other application, including any attachments or exhibits, submitted by each registered manufacturer requesting an opioid procurement quota; and (ii) a copy of each year-end or annual report relating to the procurement or use of opioid analgesics submitted to the Attorney General by a registered manufacturer to whom the Attorney General has issued an opioid procurement quota. (3) (A) Upon request by a registered manufacturer, the Attorney General may redact information identified in clause (i) or (ii) of paragraph (2)(C) from the publication required under paragraph (2) if the Attorney General determines that public disclosure of that information is likely to cause substantial harm to the competitive position of the registered manufacturer. For purposes of a determination under this subparagraph, adverse publicity or embarrassment shall not constitute competitive harm. (B) A determination of the Attorney General under subparagraph (A) shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. (C) The Attorney General shall annually publish a report on the website of the Department of Justice containing an accounting of each declination determination made under subparagraph (A), including the reason for the declination, during the time period covered by the report. . (b) GAO report The Comptroller General of the United States shall submit to Congress a report that, for the 1-year period beginning on the date of enactment of this Act— (1) details— (A) the number of instances in which a registered manufacturer made a request described in section 306(j)(3) of the Controlled Substances Act, as added by subsection (a), with respect to a document or information; and (B) the number of instances in which the Attorney General redacted information described in clause (i) or (ii) of subsection (j)(2)(C) of the Controlled Substances Act, as added by subsection (a), from the publication required under such subsection (j)(2); and (2) evaluates, in a fair, compliant, and transparent manner, the extent of the independent evaluation conducted by the Attorney General of requests described in section 306(j)(3) of the Controlled Substances Act, as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3327is/xml/BILLS-117s3327is.xml |
117-s-3328 | II 117th CONGRESS 1st Session S. 3328 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Smith (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.
1. Short title This Act may be cited as the Justice for Native Survivors of Sexual Violence Act . 2. Tribal jurisdiction over covered crimes Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— (1) in the section heading, by striking crimes of domestic violence and inserting covered crimes ; (2) in subsection (a)— (A) by striking paragraph (2); (B) by redesignating paragraphs (1), (3), (4), (5), (6), and (7) as paragraphs (3), (5), (7), (8), (11), and (12), respectively; (C) by inserting before paragraph (3) (as so redesignated) the following: (1) Coercion; commercial sex act The terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code. (2) Covered crime The term covered crime means— (A) dating violence; (B) domestic violence; (C) obstruction of justice; (D) sexual violence; (E) sex trafficking; (F) stalking; and (G) a violation of a protection order. ; (D) in paragraph (3) (as so redesignated), by striking violence committed and inserting any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed ; (E) by inserting after paragraph (3) (as so redesignated) the following: (4) Domestic violence The term domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— (A) a current or former spouse or intimate partner of the victim; (B) a person with whom the victim shares a child in common; (C) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (D) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs; or (E) a person against an adult or child victim who is protected from the acts of that person under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; (F) by inserting after paragraph (5) (as so redesignated) the following: (6) Obstruction of justice The term obstruction of justice means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including any tribal criminal proceeding or investigation of a crime. ; (G) in paragraph (7) (as so redesignated), by striking domestic violence and inserting tribal ; (H) by inserting after paragraph (8) (as so redesignated) the following: (9) Sex trafficking The term sex trafficking means conduct— (A) consisting of— (i) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or (ii) benefitting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in clause (i); and (B) carried out with the knowledge, or, except if the act constituting the violation of subparagraph (A)(i) is advertising, in reckless disregard of the fact, that— (i) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or (ii) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. (10) Sexual violence The term sexual violence means any nonconsensual sexual act of contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act. ; (I) in paragraph (11) (as so redesignated)— (i) in the paragraph heading, by striking domestic violence and inserting tribal ; and (ii) by striking domestic violence and inserting tribal ; and (J) by adding at the end the following: (13) Stalking The term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person— (A) to fear for the safety of the person or the safety of others; or (B) to suffer substantial emotional distress. (14) Violation of a protection order The term violation of a protection order means an act that— (A) occurs in the Indian country of the participating tribe; and (B) violates a provision of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. ; (3) in subsection (b)— (A) by striking domestic violence each place the term appears and inserting tribal ; (B) in paragraph (1), by inserting , including any participating tribe in the State of Maine, before include ; and (C) in paragraph (4)— (i) by striking subparagraph (B); (ii) by striking the paragraph designation and heading and all that follows through A participating in clause (i) of subparagraph (A) and inserting the following: (4) Exception for non-Indian victim and defendant (A) In general A participating ; (iii) in clause (ii), by striking the clause designation and heading and all that follows through In this subparagraph and inserting the following: (B) Definition of victim In this paragraph ; (4) by striking subsection (c) and inserting the following: (c) Criminal conduct A participating tribe may exercise special tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; (5) in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and (6) by striking subsections (f) through (h) and inserting the following: (f) Grants and reimbursement to Tribal governments (1) Reimbursement (A) In general The Attorney General may reimburse governments of Indian tribes (or authorized designees of those governments) for expenses incurred in exercising special tribal criminal jurisdiction. (B) Eligible expenses Eligible expenses for reimbursement shall include— (i) expenses incurred to arrest or prosecute offenders and to detain inmates, including costs associated with providing health care; (ii) expenses relating to indigent defense services; and (iii) costs associated with probation and rehabilitation services. (C) Regulations Not later than 1 year after the date of enactment of the Justice for Native Survivors of Sexual Violence Act , the Attorney General shall, after consultation with Indian tribes, promulgate regulations to carry out this paragraph that set the maximum allowable reimbursements under this paragraph. (2) Grants The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (A) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including— (i) law enforcement, including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority but have been designated by an Indian tribe as responsible for maintaining public safety within its territorial jurisdiction, to enter information into and obtain information from national crime information databases; (ii) prosecution; (iii) trial and appellate courts, including facilities construction; (iv) probation systems; (v) detention and correctional facilities, including facilities construction; (vi) alternative rehabilitation centers; (vii) culturally appropriate services and assistance for victims and their families; and (viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (B) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes; (C) to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (D) to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. (g) Supplement, not supplant Amounts made available under subsection (f)(2) shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. (h) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026 to carry out subsection (f) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. (i) Use of funds Of the funds appropriated under this section for each fiscal year— (1) not less than 25 percent shall be used for the purposes described in subsection (f)(1); and (2) not less than 25 percent shall be used for the purposes described in subsection (f)(2). . | https://www.govinfo.gov/content/pkg/BILLS-117s3328is/xml/BILLS-117s3328is.xml |
117-s-3329 | II 117th CONGRESS 1st Session S. 3329 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Cornyn (for himself, Mr. Heinrich , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reauthorize the U.S. Customs and Border Protection Donations Acceptance Program, and for other purposes.
1. Short title This Act may be cited as the CBP Donations Acceptance Program Reauthorization Act . 2. CBP donations acceptance program reauthorization Section 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by amending subparagraph (B) to read as follows: (B) An existing land port of entry owned or leased by the Federal Government. ; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking new Federal Government-owned land port of entry and inserting new land port of entry owned or leased by the Federal Government ; (II) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (III) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less during the immediately preceding 5-year period; ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by striking Federal Government-owned land port of entry and inserting land port of entry owned or leased by the Federal Government ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Administrator of the General Services Administration and inserting Administrator of General Services ; (B) in paragraph (1)(C)— (i) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (ii) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding 5 years. ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking terminate and all that follows and inserting terminate on December 31, 2026. ; and (ii) in subparagraph (B), by striking carrying out and all that follows and inserting a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or carrying out a prior pilot program before such termination date. ; (3) in subsection (c)(6)(B)— (A) by striking that the donation and inserting the following: “that— (i) the donation ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (ii) the donor will be notified in the Donations Acceptance Agreement that the donor will be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until U.S. Customs and Border Protection provides the donor written notice that the donor has been relieved of such responsibility. ; (4) in subsection (d), in the matter preceding paragraph (1), by striking an annual and inserting a biennial ; and (5) in subsection (e), by striking Administrator of the General Services Administration and inserting Administrator of General Services . | https://www.govinfo.gov/content/pkg/BILLS-117s3329is/xml/BILLS-117s3329is.xml |
117-s-3330 | II 117th CONGRESS 1st Session S. 3330 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Warner (for himself, Mrs. Fischer , Ms. Klobuchar , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the use of exploitative and deceptive practices by large online operators and to promote consumer welfare in the use of behavioral research by such providers.
1. Short title This Act may be cited as the Deceptive Experiences To Online Users Reduction Act or the DETOUR Act . 2. Definitions In this Act: (1) Behavioral or psychological experiment or research The term behavioral or psychological experiment or research means the study, including through human experimentation, of overt or observable actions or mental phenomena inferred from behavior, including interactions between and among individuals and the activities of social groups. (2) Child The term child has the meaning given such term in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ). (3) Commission The term Commission means the Federal Trade Commission. (4) Compulsive usage The term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior causing psychological distress, loss of control, anxiety, depression, or harmful stress responses. (5) Independent review board The term independent review board means a board, committee, or other group that serves to protect the welfare and privacy of users and is formally designated by a large online operator to review, to approve the initiation of, and to conduct periodic review of, any research by, or at the direction or discretion of, a large online operator, involving human subjects. (6) Informed consent The term informed consent — (A) means the express, affirmative consent freely given by a user, in which such user is provided a clear and conspicuous description— (i) of a process by which a user is provided adequate information prior to being included in any behavioral or psychological experiment or research in order to allow for an informed decision about voluntary participation in such behavioral or psychological research experiment or research; and (ii) ensuring the understanding by such user of the furnished information and any associated benefits, risks, or consequences of participation prior to obtaining the voluntary agreement to participate by the user; and (B) does not include— (i) the consent of a child; or (ii) the consent to a provision contained in a general contract or service agreement. (7) Large online operator The term large online operator means any person that— (A) provides an online service; (B) has more than 100,000,000 authenticated users of an online service in any 30-day period; and (C) is subject to the jurisdiction of the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (8) Online service The term online service means a website or a service, other than an internet access service, that is made available to the public over the internet, including a social network, a search engine, or an email service. (9) User The term user means any individual who engages with an online service. (10) User data The term user data means any information relating to an identified or identifiable individual user, whether directly submitted to the large online operator by the user or derived from the observed activity of the user by the large online operator. 3. Unfair and deceptive acts and practices relating to the manipulation of user interfaces (a) Conduct prohibited It shall be unlawful for any large online operator— (1) to design, modify, or manipulate a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision-making, or choice to obtain consent or user data; (2) to subdivide or segment consumers of online services into groups for the purposes of behavioral or psychological experiment or research of users of an online service, except with the informed consent of each user involved; or (3) to design, modify, or manipulate a user interface on a website or online service, or portion thereof, that is directed to a child, with the purpose or substantial effect of causing, increasing, or encouraging compulsive usage, inclusive of video auto-play functions initiated without the consent of a user. (b) Duties of large online operators Any large online operator that engages in any form of behavioral or psychological experiment or research based on the activity or data of its users shall do each of the following: (1) The large online operator shall disclose to its users on a routine basis, but not less than once each 90 days, the general purpose of any such behavioral or psychological experiment or research, to each user whose user data is or was during the previous 90-day period subject to or included in any behavioral or psychological experiment or research. (2) The large online operator shall disclose to the public on a routine basis, but not less than once each 90 days, any experiments or studies with the purposes of promoting engagement or product conversion being currently undertaken, or concluded since the prior disclosure. (3) The large online operator shall present the disclosures described in paragraphs (1) and (2) in a manner that— (A) is clear, conspicuous, context-appropriate, and easily accessible; and (B) is not deceptively obscured. (4) (A) Subject to subparagraph (B), the large online operator shall remove and delete all data obtained from affected users in the course of behavioral or psychological experiment or research if the large online operator— (i) determines (or determines that it has reason to believe) that the informed consent for the processing of user data for such behavioral or psychological experiment or research was inappropriately acquired from such users; and (ii) is unable to obtain within 2 business days of such determination the appropriate informed consent. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research. (5) The large online operator shall establish an Independent Review Board for any behavioral or psychological experiment or research, of any purpose, conducted on users or on the basis of user activity or data, which shall review and have authority to approve, require modification in, or disapprove all behavioral or psychological experiment or research. (6) The large online operator shall ensure that any Independent Review Board established under paragraph (5) shall register with the Commission, including providing to the Commission— (A) the names and resumes of every Board member; (B) the composition and reporting structure of the Board to the management of the operator; (C) the process by which the Board is to be notified of proposed studies or modifications along with the processes by which the board is capable of vetoing or amending such proposals; (D) any compensation provided to board members; and (E) any conflict of interest that might exist concerning a board member’s participation in the Board. (c) Registered professional standards body (1) In general An association of large online operators may register as a professional standards body by filing with the Commission an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the association and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for protecting the welfare of users of large online operators. (2) Professional standards body An association of large online operators may not register as a professional standards body unless the Commission determines that— (A) the association is so organized and has the capacity to enforce compliance by its members and persons associated with its members, with the provisions of this Act; (B) the rules of the association provide that any large online operator may become a member of such association; (C) the rules of the association ensure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of users and not be associated with, or receive any direct or indirect funding from, a member of the association or any large online operator; (D) the rules of the association are designed to prevent exploitative and manipulative acts or practices, to promote transparent and fair principles of technology development and design, to promote research in keeping with best practices of study design and informed consent, and to continually evaluate industry practices and issue contractually binding guidance consistent with the objectives of this Act; (E) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined for violation of any provision of this Act, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, fine, censure, being suspended or barred from being associated with a member, or any other appropriate sanction; and (F) the rules of the association are in accordance with the provisions of this Act, and, in general, provide a fair procedure for the disciplining of members and persons associated with members, the denial of membership to any person seeking membership therein, the barring of any person from becoming associated with a member thereof, and the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member thereof. (3) Responsibilities and activities (A) Bright-line rules An association shall— (i) develop, on a continuing basis, guidance and bright-line rules for the development and design of technology products of large online operators consistent with subparagraph (B); and (ii) notify the Commission of such guidance and bright-line rules. (B) Safe harbors In formulating guidance under subparagraph (A), the association shall define conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice, or of cultivating compulsive usage for a child, such as— (i) de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of obtaining user consent or user data; (ii) algorithms or data outputs outside the control of a large online operator or its affiliates; and (iii) establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability. (d) Enforcement by the Commission (1) Unfair or deceptive acts or practices (A) In general A violation of subsection (a) or (b) shall be treated as a violation of a rule defining an unfair or 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) Determination For purposes of enforcement of this Act, the Commission shall determine an act or practice is unfair or deceptive if the act or practice— (i) has the purpose, or substantial effect, of subverting or impairing user autonomy, decision-making, or choice to obtain consent or user data; or (ii) has the purpose, or substantial effect, of cultivating compulsive usage by a child. (2) Powers of the Commission (A) In general The Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that— (i) establish rules and procedures for obtaining the informed consent of users; (ii) establish rules for the registration, formation, oversight, and management of the independent review boards, including standards that ensure effective independence of such entities from improper or undue influence by a large online operator; (iii) establish rules for the registration, formation, oversight, and management of professional standards bodies, including procedures for the regular oversight of such bodies and revocation of their designation; (iv) in consultation with a professional standards body established under subsection (c), define conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice, or of cultivating compulsive usage for a child, such as— (I) de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of obtaining user consent or user data; (II) algorithms or data outputs outside the control of a large online operator or its affiliates; and (III) establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability. (3) Safe harbor The Commission may not bring an enforcement action under this Act against any large online operator that relied in good faith on the guidance of a professional standards body. | https://www.govinfo.gov/content/pkg/BILLS-117s3330is/xml/BILLS-117s3330is.xml |
117-s-3331 | II 117th CONGRESS 1st Session S. 3331 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Peters (for himself, Mr. Portman , Mrs. Blackburn , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to improve the semiconductor incentive program of the Department of Commerce.
1. Short title This Act may be cited as the Investing in Domestic Semiconductor Manufacturing Act . 2. Clarification for upstream manufacturers (a) Definitions Section 9901(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651(2) ) is amended— (1) by inserting production, before or research and development ; and (2) by striking of semiconductors. and inserting of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment. . (b) Semiconductor incentives Section 9902(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4652(a) ) is amended— (1) in paragraph (1)— (A) by striking for semiconductor fabrication and inserting for the fabrication ; (B) by inserting production, before or research and development ; and (C) by striking the period at the end and inserting of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment. ; and (2) in paragraph (4)(A), by striking used for semiconductors and inserting used for the purposes . | https://www.govinfo.gov/content/pkg/BILLS-117s3331is/xml/BILLS-117s3331is.xml |
117-s-3332 | II 117th CONGRESS 1st Session S. 3332 IN THE SENATE OF THE UNITED STATES December 7, 2021 Mr. Braun (for himself, Mrs. Blackburn , Mr. Romney , Mr. Young , Mr. Inhofe , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to allow States to promote Medicaid objectives through work or community engagement requirements.
1. Short title This Act may be cited as the Let States Innovate Under Medicaid Act . 2. Promoting Medicaid objectives through work or community engagement requirements Section 1115(d) of the Social Security Act ( 42 U.S.C. 1315(d) ) is amended— (1) in paragraph (1), by inserting (which may include the objective to reduce dependence on medical assistance by conditioning the receipt of medical assistance on the satisfaction of a work or community engagement requirement (as defined in paragraph (4)) after the objectives of title XIX or XXI ; and (2) by adding at the end the following new paragraph: (4) (A) For purposes of this subsection, the term work or community engagement requirement means, with respect to an individual, the individual’s participation in work activities (as defined in section 407(d)) for such period of time as determined by the State, and as directed and administered by the State. (B) Such term shall not include any requirement that applies with respect to any of the following categories of individuals: (i) Individuals who are age 65 or older. (ii) Individuals who are age 19 or younger. (iii) Individuals who are eligible for benefits or assistance under the Temporary Assistance for Needy Families program under part A of title IV or the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008. (iv) Individuals who are medically frail (as defined in section 1937(a)(2)(B)(vi)). (v) Individuals during pregnancy and the 60-day postpartum period beginning on the last day of pregnancy. (vi) Individuals suffering from a temporary illness or incapacity that an appropriate professional has certified prevents their participation in work activities. (vii) Individuals who are engaged in treatment for a substance use disorder. (viii) Individuals whose participation in work activities is subject to any other good cause exemption established by the State and approved by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s3332is/xml/BILLS-117s3332is.xml |
117-s-3333 | II 117th CONGRESS 1st Session S. 3333 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Casey (for himself, Mr. Blumenthal , Ms. Baldwin , Mr. Markey , Mr. Brown , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to improve the accessibility of airline information and entertainment programming provided by air carriers on passenger flights, and for other purposes.
1. Short title This Act may be cited as the Airline Information and Entertainment Access Act . 2. Accessibility of in-flight safety and entertainment programming (a) In general Subchapter I of chapter 417 of title 49, United States Code, is amended by inserting after section 41705 the following new section: 41705a. Accessibility of in-flight airline information and entertainment programming (a) Requirement (1) Programming On and after the date that is 180 days after the date of the enactment of the Airline Information and Entertainment Access Act , in providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, shall ensure that all visually displayed airline information and entertainment programming available to passengers on a flight is accessible to persons with disabilities, including by providing (or making available)— (A) open captioning and American Sign Language option for persons with disabilities when such programming is available to passengers through shared video displays, such as a monitor located in a passenger access aisle; (B) closed captioning and American Sign Language option for persons with disabilities when such programming is available to passengers through individual video displays; (C) audio description for persons with disabilities when such programming is available to passengers through individual video displays or shared video displays; and (D) any aural PA announcement in textual format through individual video displays or shared video displays. (2) Video displays, apps for personal electronic devices, and web portals and websites Not later than the effective date of the regulations prescribed under subsection (c)(2), in providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, shall ensure that— (A) all individual video displays of visually displayed airline information and entertainment programming to passengers on a flight that are operated primarily by using touchscreens or other contact-sensitive controls include a mechanism that allows persons with disabilities to nonvisually operate such displays in accordance with the standards prescribed under subsection (c); (B) any apps for a personal electronic device, such as a phone or tablet, that are made available by the air carrier to passengers on a flight and that display visually displayed airline information and entertainment programming include a mechanism that allows persons with disabilities to nonvisually operate such apps in accordance with the standards prescribed under subsection (c); and (C) any web portals or websites the air carrier directs passengers to in order to access or pay for inflight entertainment, including the method for referring passengers to such web portals and websites, include a mechanism that allows persons with disabilities to nonvisually operate such web portals and websites in accordance with the standards prescribed under subsection (c). (b) Civil action (1) Aggrieved persons (A) In general Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section may, during the 2-year period beginning on the date of the violation, bring a civil action in an appropriate district court of the United States. (B) Available relief If a court finds in favor of the plaintiff in a civil action brought under subparagraph (A), the court may award to the plaintiff equitable and legal relief, including compensatory and punitive damages, and shall, in addition to any such relief, award reasonable attorney’s fees, reasonable expert fees, and cost of the action to the plaintiff. (C) No requirement to exhaust administrative remedies Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section shall not be required to exhaust administrative remedies before bringing a civil action under subparagraph (A). (D) Rule of construction Nothing in this paragraph 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 by this section. (2) Enforcement by Attorney General (A) In general The Attorney General may bring a civil action on behalf of persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section in any appropriate district court of the United States. (B) Authority of court In a civil action under subparagraph (A), the court may— (i) grant any equitable relief that the court considers to be appropriate; (ii) award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section, when requested by the Attorney General; and (iii) assess a civil penalty against the air carrier. (c) Establishment of standards for operation of individual video displays, apps for personal electronic devices, and web portals and websites (1) In general Not later than 18 months after the date of the enactment of the Airline Information and Entertainment Access Act , the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Secretary, prescribe standards in accordance with chapter 5 of title 5 (commonly known as the Administrative Procedure Act ) setting forth the minimum technical criteria for individual video displays, apps for personal devices, and web portals and websites described in subsection (a)(2) to ensure that such video displays, apps, and web portals and websites include a mechanism that allows persons with disabilities to operate the displays, apps, and web portals and websites nonvisually. (2) Regulations Not later than 180 days after the Architectural and Transportation Barriers Compliance Board issues standards under paragraph (1), the Secretary shall prescribe such regulations as are necessary to implement those standards and shall publish those regulations in an accessible format. (3) Review and amendment The Architectural and Transportation Barriers Compliance Board, in consultation with the Secretary, shall periodically review and, as appropriate, amend the standards prescribed under paragraph (1) in accordance with chapter 5 of title 5. Not later than 180 days after the Architectural and Transportation Barriers Compliance Board issues amended standards under this paragraph, the Secretary shall make such revisions to the regulations prescribed under paragraph (2) as are necessary to implement the amended standards. (d) Definitions In this section: (1) Audio description The term audio description means a method, process, or mechanism, including a device, that— (A) allows an individual who is blind or who has low vision to have access to the key visual elements of visually displayed airline information and entertainment programming (such as actions, settings, facial expressions, costumes, and scene changes); and (B) allows that access through the provision of contemporaneous audio narrated descriptions of those elements during the natural pauses in the audio portion of the programming, or during the audio portion if necessary. (2) Closed captioning The term closed captioning means a method, process, or mechanism, which may include a device, that— (A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed airline information and entertainment programming; and (B) allows that access by displaying, through an individual device or individually used technology, all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed and controlled by that individual while the individual simultaneously watches the programming. (3) Person with a disability The term person with a disability means any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Open captioning The term open captioning means a method, process, or mechanism that— (A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed airline information and entertainment programming; and (B) allows that access by openly displaying on the video display on which the programming is displayed all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed by that individual and other passengers while the individual and passengers simultaneously watch the programming. (5) Secretary The term Secretary means the Secretary of Transportation. (6) Visually displayed airline information and entertainment programming The term visually displayed airline information and entertainment programming means pre-flight safety briefing videos, live televised events, recorded programming (including television programs), or motion pictures that are available to passengers, for a fee or without cost, on a flight in air transportation. . (b) Clerical amendment The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41705 the following: 41705a. Accessibility of in-flight airline information and entertainment programming. . | https://www.govinfo.gov/content/pkg/BILLS-117s3333is/xml/BILLS-117s3333is.xml |
117-s-3334 | II 117th CONGRESS 1st Session S. 3334 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Grassley (for himself and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authority for the establishment of a commemorative work to honor enslaved and free black persons who served in the American Revolution, and for other purposes.
1. Short title This Act may be cited as the National Liberty Memorial Preservation Act . 2. Finding Congress finds that the period preceding the 250th anniversary of the founding of the United States on July 4, 1776, offers the best conditions in 10 generations to honor and preserve the contributions of enslaved and free black soldiers and civilians to independence by the triumph of a permanent National Liberty Memorial representing deeds that, on 2 previous occasions, Congress declared to be of preeminent historical and lasting significance to the nation . 3. Extension of authority for establishment of commemorative work Notwithstanding section 8903(e) of title 40, United States Code, the authority provided by section 2860 of the Military Construction Authorization Act for Fiscal Year 2013 ( 40 U.S.C. 8903 note; Public Law 112–239 ) shall continue to apply through September 30, 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3334is/xml/BILLS-117s3334is.xml |
117-s-3335 | II 117th CONGRESS 1st Session S. 3335 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Thune (for himself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide liability protection for the sharing of information regarding suspected fraudulent, abusive, or unlawful robocalls, illegally spoofed calls, and other illegal calls by or with the registered consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls, and for the receipt of such information by that registered consortium, and for other purposes.
1. Short title This Act may be cited as the Robocall Trace Back Enhancement Act . 2. Registered consortium conducting private-led efforts to trace back the origin of suspected unlawful robocalls (a) Immunity for receiving, sharing, and publishing trace back information Section 13(d) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act ( Public Law 116–105 ; 133 Stat. 3287) is amended by adding at the end the following: (3) Immunity for receiving, sharing, and publishing trace back information (A) Definition In this paragraph, the term covered information — (i) means information regarding suspected— (I) fraudulent, abusive, or unlawful robocalls; (II) illegally spoofed calls; and (III) other illegal calls; and (ii) includes— (I) call detail records of calls described in clause (i); (II) the names of, and other identifying information concerning, the voice service providers that originated, carried, routed, and transmitted calls described in clause (i); and (III) information about the entities that made calls described in clause (i), including any contact information of individuals that such an entity provided to the voice service provider that originated the call. (B) Trace back immunity No cause of action shall lie or be maintained in any court against— (i) the registered consortium for receiving, sharing, or publishing covered information or information derived from covered information; or (ii) any voice service provider or other person or entity for sharing covered information with the registered consortium. (C) Rule of construction Nothing in subparagraph (B)(ii) shall be construed to provide immunity for any act other than the act of sharing covered information with the registered consortium. . (b) Publication of list of voice service providers Section 13(e) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act ( Public Law 116–105 ; 133 Stat. 3287) is amended to read as follows: (e) List of voice service providers (1) Publication of list The Commission, or the registered consortium in consultation with the Commission, may publish a list of voice service providers based on— (A) information obtained by the consortium about voice service providers that refuse to participate in private-led efforts to trace back the origin of suspected unlawful robocalls; and (B) other information the Commission or the consortium may collect about voice service providers that are found to originate or transmit substantial amounts of unlawful robocalls. (2) Enforcement The Commission may take enforcement action based on the information described in paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s3335is/xml/BILLS-117s3335is.xml |
117-s-3336 | II 117th CONGRESS 1st Session S. 3336 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Cassidy (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes.
1. Short title This Act may be cited as the Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act . 2. Class scheduling of fentanyl-related substances Section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end of schedule I the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (2) For purposes of paragraph (1), except as provided in paragraph (3), the term fentanyl-related substance means any substance that is structurally related to fentanyl by 1 or more of the following modifications: (A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. (B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. (C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. (D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (E) By replacement of the N–propionyl group with another acyl group. (3) A substance that satisfies the definition of the term fentanyl-related substance in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance— (A) is controlled by action of the Attorney General under section 201; or (B) is otherwise expressly listed in a schedule other than this schedule. (4) (A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term fentanyl-related substance in paragraph (2). (B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term fentanyl-related substance in paragraph (2). . 3. Registration requirements related to research (a) Alternative registration process for schedule I research Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (l) Special provisions for practitioners conducting certain research with schedule I controlled substances (1) In general Notwithstanding subsection (f), a practitioner may conduct research described in paragraph (2) of this subsection with 1 or more schedule I substances in accordance with subparagraph (A) or (B) of paragraph (3) of this subsection. (2) Research subject to expedited procedures Research described in this paragraph is research that— (A) is with respect to a drug that is the subject of an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act; or (B) is— (i) conducted by the Department of Health and Human Services or the Department of Veterans Affairs; or (ii) funded partly or entirely by a grant, contract, cooperative agreement, or other transaction from the Department of Health and Human Services or the Department of Veterans Affairs. (3) Expedited procedures (A) Researcher with a current schedule I or II research registration (i) In general If a practitioner is registered to conduct research with a controlled substance in schedule I or II, the practitioner may conduct research under this subsection on and after the date that is 30 days after the date on which the practitioner sends a notice to the Attorney General containing the following information, with respect to each substance with which the practitioner will conduct the research: (I) The chemical name of the substance. (II) The quantity of the substance to be used in the research. (III) Demonstration that the research is in the category described in paragraph (2), which demonstration may be satisfied— (aa) in the case of a grant, contract, cooperative agreement, or other transaction, or intramural research project, by identifying the sponsoring agency and supplying the number of the grant, contract, cooperative agreement, other transaction, or project; or (bb) in the case of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act, by supplying the application number and the sponsor of record on the application. (IV) Demonstration that the researcher is authorized to conduct research with respect to the substance under the laws of the State in which the research will take place. (ii) Verification of information by HHS or VA Upon request from the Attorney General, the Secretary of Health and Human Services or the Secretary of Veterans Affairs, as appropriate, shall verify information submitted by an applicant under clause (i)(III). (B) Researcher without a current schedule I or II research registration (i) In general If a practitioner is not registered to conduct research with a controlled substance in schedule I or II, the practitioner may send a notice to the Attorney General containing the information listed in subparagraph (A)(i), with respect to each substance with which the practitioner will conduct the research. (ii) Attorney General action The Attorney General shall— (I) treat notice received under clause (i) as a sufficient application for a research registration; and (II) not later than 45 days of receiving such a notice that contains all information required under subparagraph (A)(i)— (aa) register the applicant; or (bb) serve an order to show cause upon the applicant in accordance with section 304(c). (4) Electronic submissions The Attorney General shall provide a means to permit a practitioner to submit a notification under paragraph (3) electronically. (5) Limitation on amounts A practitioner conducting research with a schedule I substance under this subsection may only possess the amounts of schedule I substance identified in— (A) the notification to the Attorney General under paragraph (3); or (B) a supplemental notification that the practitioner may send if the practitioner needs additional amounts for the research, which supplemental notification shall include— (i) the name of the practitioner; (ii) the additional quantity needed of the substance; and (iii) an attestation that the research to be conducted with the substance is consistent with the scope of the research that was the subject of the notification under paragraph (3). (6) Importation and exportation requirements not affected Nothing in this subsection alters the requirements of part A of title III, regarding the importation and exportation of controlled substances. . (b) Separate registrations not required for additional researcher in same institution Section 302(c) of the Controlled Substances Act ( 21 U.S.C. 822(c) ) is amended by adding at the end the following: (4) An agent or employee of a research institution that is conducting research with a controlled substance if— (A) the agent or employee is acting within the scope of the professional practice of the agent or employee; (B) another agent or employee of the institution is registered to conduct research with a controlled substance in the same schedule; (C) the researcher who is so registered— (i) informs the Attorney General of the name, position title, and employing institution of the agent or employee who is not separately registered; (ii) authorizes that agent or employee to perform research under the registration of the registered researcher; and (iii) affirms that any act taken by that agent or employee involving a controlled substance shall be attributable to the registered researcher, as if the researcher had directly committed the act, for purposes of any proceeding under section 304(a) to suspend or revoke the registration of the registered researcher; and (D) the Attorney General does not, within 30 days of receiving the information, authorization, and affirmation described in subparagraph (C), refuse, for a reason listed in section 304(a), to allow the agent or employee to possess the substance without a separate registration. . (c) Single registration for related research sites Section 302(e) of the Controlled Substances Act ( 21 U.S.C. 822(e) ) is amended by adding at the end the following: (3) (A) Notwithstanding paragraph (1), a person registered to conduct research with a controlled substance under section 303(f) may conduct the research under a single registration if— (i) the research occurs exclusively on sites all of which are— (I) within the same city or county; and (II) under the control of the same institution, organization, or agency; and (ii) before commencing the research, the researcher notifies the Attorney General of each site where— (I) the research will be conducted; or (II) the controlled substance will be stored or administered. (B) A site described in subparagraph (A) shall be included in a registration described in that subparagraph only if the researcher has notified the Attorney General of the site— (i) in the application for the registration; or (ii) before the research is conducted, or before the controlled substance is stored or administered, at the site. (C) The Attorney General may, in consultation with the Secretary, issue regulations addressing, with respect to research sites described in subparagraph (A)— (i) the manner in which controlled substances may be delivered to the research sites; (ii) the storage and security of controlled substances at the research sites; (iii) the maintenance of records for the research sites; and (iv) any other matters necessary to ensure effective controls against diversion at the research sites. . (d) New inspection not required in certain situations Section 302(f) of the Controlled Substances Act ( 21 U.S.C. 822(f) ) is amended— (1) by striking (f) The and inserting (f)(1) The ; and (2) by adding at the end the following: (2) (A) If a person is registered to conduct research with a controlled substance and applies for a registration, or for a modification of a registration, to conduct research with a second controlled substance that is in the same schedule as the first controlled substance, or is in a schedule with a higher numerical designation than the schedule of the first controlled substance, a new inspection by the Attorney General of the registered location is not required. (B) Nothing in subparagraph (A) shall prohibit the Attorney General from conducting an inspection that the Attorney General determines necessary to ensure that a registrant maintains effective controls against diversion. . (e) Continuation of research on substances newly added to schedule I Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by adding at the end the following: (h) Continuation of research on substances newly added to schedule I If a person is conducting research on a substance when the substance is added to schedule I, and the person is already registered to conduct research with a controlled substance in schedule I— (1) not later than 90 days after the scheduling of the newly scheduled substance, the person shall submit a completed application for registration or modification of existing registration, to conduct research on the substance, in accordance with regulations issued by the Attorney General for purposes of this paragraph; (2) the person may, notwithstanding subsections (a) and (b), continue to conduct the research on the substance until— (A) the person withdraws the application described in paragraph (1) of this subsection; or (B) the Attorney General serves on the person an order to show cause proposing the denial of the application under section 304(c); (3) if the Attorney General serves an order to show cause as described in paragraph (2)(B) and the person requests a hearing, the hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time if so requested by the person; and (4) if the person sends a copy of the application described in paragraph (1) to a manufacturer or distributor of the substance, receipt of the copy by the manufacturer or distributor shall constitute sufficient evidence that the person is authorized to receive the substance. . (f) Treatment of certain manufacturing activities as coincident to research Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ), as amended by subsection (e), is amended by adding at the end the following: (i) Treatment of certain manufacturing activities as coincident to research (1) In general Except as provided in paragraph (3), a person who is registered to perform research on a controlled substance may perform manufacturing activities with small quantities of that substance, including activities described in paragraph (2), without being required to obtain a manufacturing registration, if— (A) the activities are performed for the purpose of the research; and (B) the activities and the quantities of the substance involved in the activities are stated in— (i) a notification submitted to the Attorney General under section 303(l); (ii) a research protocol filed with an application for registration approval under section 303(f); or (iii) a notification to the Attorney General that includes— (I) the name of the registrant; and (II) an attestation that the research to be conducted with the small quantities of manufactured substance is consistent with the scope of the research that is the basis for the registration. (2) Activities included Activities permitted under paragraph (1) include— (A) processing the substance to create extracts, tinctures, oils, solutions, derivatives, or other forms of the substance consistent with— (i) the information provided as part of a notification submitted to the Attorney General under section 303(l); or (ii) a research protocol filed with an application for registration approval under section 303(f); and (B) dosage form development studies performed for the purpose of requesting an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ). (3) Exception regarding marihuana The authority under paragraph (1) to manufacture substances does not include the authority to grow marihuana. . (g) Transparency regarding special procedures Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ), as amended by subsection (a), is amended by adding at the end the following: (m) Transparency regarding special procedures (1) In general If the Attorney General determines, with respect to a controlled substance, that an application by a practitioner to conduct research with the substance should be considered under a process, or subject to criteria, different from the process or criteria applicable to applications to conduct research with other controlled substances in the same schedule, the Attorney General shall make public, including by posting on the website of the Drug Enforcement Administration— (A) the identities of all substances for which such determinations have been made; (B) the process and criteria that shall be applied to applications to conduct research with those substances; and (C) how the process and criteria described in subparagraph (B) differ from the process and criteria applicable to applications to conduct research with other controlled substances in the same schedule. (2) Timing of posting The Attorney General shall make information described in paragraph (1) public upon making a determination described in that paragraph, regardless of whether a practitioner has submitted such an application at that time. . 4. Rulemaking (a) Interim final rules The Attorney General— (1) shall, not later than 1 year of the date of enactment of this Act, issue rules to implement this Act and the amendments made by this Act; and (2) may issue the rules under paragraph (1) as interim final rules. (b) Procedure for final rule (1) Effectiveness of interim final rules A rule issued by the Attorney General as an interim final rule under subsection (a) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor, notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code. (2) Opportunity for comment and hearing An interim final rule issued under subsection (a) shall give interested persons the opportunity to comment and to request a hearing. (3) Final rule After the conclusion of such proceedings, the Attorney General shall issue a final rule to implement this Act and the amendments made by this Act in accordance with section 553 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3336is/xml/BILLS-117s3336is.xml |
117-s-3337 | II 117th CONGRESS 1st Session S. 3337 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Luján (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To protect Native children and promote public safety in Indian country.
1. Short title This Act may be cited as the Native Youth and Tribal Officer Protection Act . 2. Findings Congress finds the following: (1) American Indians and Alaska Natives are 2.5 times more likely to experience violent crimes and at least 2 times more likely to experience rape or sexual assault crimes. (2) The vast majority of American Indian and Alaska Native victims, 96 percent of female and 89 percent of male victims, report being victimized by a non-Indian. (3) According to a 2010 Government Accountability Office report, United States Attorneys declined to prosecute nearly 52 percent of violent crimes that occur in Indian country. (4) More than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime. (5) According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age. (6) On some reservations, American Indian women are murdered at more than 10 times the national average. (7) Tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at some of the highest rates in the United States. (8) Childhood exposure to violence has immediate and long term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system. (9) Violence against children and crimes associated with dating violence and domestic violence increase the number of instances of trauma in Tribal communities, which— (A) affects health outcomes; (B) reduces educational attainment; (C) hinders economic growth; and (D) undermines public safety. (10) Domestic violence calls are among the most dangerous calls that law enforcement receives, and the Federal Bureau of Investigation’s Uniform Crime Report shows that police officers, including Tribal police officers, are assaulted when responding to disturbance calls more often than under any other circumstances. (11) The complicated jurisdictional structure in Indian country— (A) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; and (B) when that cooperation breaks down, results in a significant negative impact on the ability to provide public safety to Indian communities. (12) The Indian Law and Order Commission, established by Congress to review Federal criminal justice policies and practices in Indian country, issued a report in 2013 entitled A Roadmap for Making Native America Safer that recommends the restoration of the inherent authority of Tribal courts. (13) Restoring and enhancing local, Tribal capacity to address violent crimes provides for greater local control, safety, accountability, and transparency. (14) Tribal communities should be able to protect themselves from dating violence, domestic violence, child violence, and violence committed against members of the Tribal justice system. 3. Tribal jurisdiction over covered crimes Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— (1) in the section heading— (A) by striking of domestic violence ; and (B) by inserting covered before crimes ; (2) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Dating violence The term dating violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that was committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. ; (B) by striking paragraph (2); (C) by redesignating paragraphs (1), (3), (4), (5), (6), and (7) as paragraphs (5), (7), (9), (10), (11), and (12), respectively; (D) by inserting before paragraph (5) (as so redesignated) the following: (1) Assault of tribal justice personnel The term assault of tribal justice personnel means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance of duties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; (C) detaining, providing supervision for, or providing services for persons charged with a covered crime; or (D) incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime. (2) Child The term child means a person who has not attained the lesser of— (A) the age of 18; and (B) except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (3) Child violence The term child violence means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (4) Covered crime The term covered crime means— (A) assault of tribal justice personnel; (B) child violence; (C) dating violence; (D) domestic violence; (E) obstruction of justice; and (F) a violation of a protection order. ; (E) by inserting after paragraph (5) (as so redesignated) the following: (6) Domestic violence The term domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— (A) a current or former spouse or intimate partner of the victim; (B) a person with whom the victim shares a child in common; (C) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or (D) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; (F) by inserting after paragraph (7) (as so redesignated) the following: (8) Obstruction of justice The term obstruction of justice means any violation— (A) of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs; and (B) that involves interfering with the administration or due process of the laws of the Indian tribe, including any tribal criminal proceeding or investigation of a crime. ; (G) in paragraph (9) (as so redesignated), by striking domestic violence and inserting tribal ; (H) in paragraph (11) (as so redesignated)— (i) in the paragraph heading, by striking domestic violence and inserting tribal ; and (ii) by striking domestic violence and inserting tribal ; and (I) by adding at the end the following: (13) Violation of a protection order The term violation of a protection order means an act that— (A) occurs in the Indian country of the participating tribe; and (B) violates a provision of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. ; (3) in subsection (b)— (A) by striking domestic violence each place the term appears and inserting tribal ; (B) in paragraph (1), by inserting , including any participating tribe in the State of Maine, before include ; and (C) in paragraph (4)— (i) in subparagraph (A)(i), by inserting , other than obstruction of justice or assault of tribal justice personnel, after offense ; and (ii) in subparagraph (B)(iii), in the matter preceding subclause (I), by striking , or dating partner and inserting , dating partner, or caregiver ; (4) by striking subsection (c) and inserting the following: (c) Criminal conduct A participating tribe may exercise special tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; (5) in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and (6) by striking subsections (f) through (h) and inserting the following: (f) Grants and reimbursement to Tribal governments (1) Reimbursement (A) In general The Attorney General may reimburse Tribal government authorities (or an authorized designee of a Tribal government) for expenses incurred in exercising special tribal criminal jurisdiction. (B) Eligible expenses Eligible expenses for reimbursement shall include expenses and costs incurred in, relating to, or associated with— (i) investigating, making arrests relating to, making apprehensions for, or prosecuting covered crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials); (ii) detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs associated with providing health care); (iii) providing indigent defense services for 1 or more persons charged with 1 or more covered crimes; and (iv) incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more persons charged with 1 or more covered crimes. (C) Procedure (i) In general Reimbursements authorized under subparagraph (A) shall be in accordance with rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after the date of enactment of the Native Youth and Tribal Officer Protection Act . (ii) Maximum reimbursement The rules promulgated by the Attorney General under clause (i)— (I) shall set a maximum allowable reimbursement to any Tribal government (or authorized designee of any Tribal government) in a 1-year period; and (II) may allow the Attorney General— (aa) to establish conditions under which a Tribal government (or an authorized designee of a Tribal government) may seek a waiver of the maximum allowable reimbursement requirement established under subclause (I); and (bb) waive the maximum allowable reimbursement requirement established under subclause (I) for a Tribal government (or an authorized designee of a Tribal government) if the conditions established by the Attorney General under item (aa) are met by that Tribal government (or authorized designee). (iii) Timeliness of reimbursements To the maximum extent practicable, the Attorney General shall— (I) not later than 90 days after the date on which the Attorney General receives a qualifying reimbursement request from a Tribal government (or an authorized designee of a Tribal government)— (aa) reimburse the Tribal government (or authorized designee); or (bb) notify the Tribal government (or authorized designee) of the reason why the Attorney General was unable to issue the reimbursement; and (II) not later than 30 days after the date on which a Tribal government (or an authorized designee of a Tribal government) reaches the annual maximum allowable reimbursement for the Tribal government (or authorized designee) established by the Attorney General under clause (ii)(I), notify the Tribal government (or authorized designee) that the Tribal government has reached its annual maximum allowable reimbursement. (2) Grants The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (A) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including for— (i) law enforcement, including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by an Indian tribe as responsible for maintaining public safety within the territorial jurisdiction of the Indian tribe, to enter information into and obtain information from national crime information databases; (ii) prosecution; (iii) trial and appellate courts, including facilities maintenance, renovation, rehabilitation, and construction; (iv) supervision and probation systems; (v) detention and correctional facilities, including facilities maintenance, renovation, rehabilitation, and construction; (vi) treatment, rehabilitation, and reentry programs and services; (vii) culturally appropriate services and assistance for victims and their families; and (viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (B) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes; (C) to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (D) to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. (g) Supplement, not supplant Amounts made available under subsection (f)(2) shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. (h) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2023 through 2027 to carry out subsection (f) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. (i) Use of funds Of the funds appropriated under this section for each fiscal year— (1) not less than 25 percent, but not more than 40 percent, shall be used for the purposes described in subsection (f)(1); and (2) not less than 25 percent shall be used for the purposes described in subsection (f)(2). . 4. Increased interagency coordination (a) In general The Secretary of the Interior and the Secretary of Health and Human Services (referred to in this section as the Secretaries ) shall coordinate with the Attorney General to ensure, to the maximum extent practicable, that Federal programs to support Tribal justice systems and to support provision of victim services for Indians are working effectively together to serve the needs of Indian Tribes and Indians (as the terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (b) Coordination of Federal Indian facilities with national domestic violence hotline grantees The Secretaries shall ensure that information for contacting any toll-free telephone hotline operated by recipients of a grant authorized by section 313 of the Family Violence Protective Services Act ( 42 U.S.C. 10413 ) is posted and readily visible in each publicly accessible Federal facility utilized by— (1) the Indian Health Service; (2) the Bureau of Indian Affairs; or (3) the Bureau of Indian Education. (c) Coordination on training Federal indian program employees To recognize and respond to domestic violence The Secretaries (acting through the Assistant Secretary for Indian Affairs, the Director of the Bureau of Indian Education, and the Director of the Indian Health Service) shall coordinate with the Director of the Office on Violence Against Women of the Department of Justice and the Associate Commissioner for the Family and Youth Services Bureau of the Department of Health and Human Services to ensure that training materials on recognizing and responding to domestic violence are available to Tribal and Federal employees of— (1) the Indian Health Service; (2) the Bureau of Indian Affairs; and (3) the Bureau of Indian Education. 5. Report (a) In general The Secretary of the Interior (acting through the Assistant Secretary for Indian Affairs), the Secretary of Health and Human Services (acting through the Director of the Indian Health Service), and the Attorney General shall jointly submit a report to— (1) the Committee on Indian Affairs of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Contents of the report The report required under subsection (a) shall include a description of the degree of effectiveness of— (1) Federal programs that are intended to build the capacity of criminal justice systems of Indian tribes to investigate and prosecute offenses relating to dating violence, domestic violence, and child violence (as defined in section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the Indian Civil Rights Act of 1968 )) and related conduct; (2) the coordination activities required under section 4, including compliance with the posting of domestic violence victim service access information required under section 4(b); and (3) the interagency employee training material development required under section 4(c). (c) Timing The Secretary of the Interior, the Secretary of Health and Human Services, and the Attorney General shall submit the report required under subsection (a) by not later than 4 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3337is/xml/BILLS-117s3337is.xml |
117-s-3338 | II 117th CONGRESS 1st Session S. 3338 IN THE SENATE OF THE UNITED STATES December 8, 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 revise the boundary of the Ste. Genevieve National Historical Park in the State of Missouri, and for other purposes.
1. Short title This Act may be cited as the Ste. Genevieve National Historical Park Boundary Revision Act . 2. Ste. Genevieve National Historical Park boundary revision (a) Map Section 7134(a)(3) of appendix C of the Consolidated Appropriations Act, 2018 ( 16 U.S.C. 410xxx(a)(3) ), is amended by striking numbered 571/149,942, and dated December 2018 and inserting numbered 571/177,464, and dated September 2021 . (b) Authority To correct errors in Map Section 7134(d) of appendix C of the Consolidated Appropriations Act, 2018 ( 16 U.S.C. 410xxx(d) ), is amended— (1) by striking The Map and inserting the following: (1) In general The Map ; and (2) by adding at the end the following: (2) Authority to correct errors The Secretary may correct any clerical or typographical errors in the Map. . (c) Visitor center Section 7134(e) of appendix C of the Consolidated Appropriations Act, 2018 ( 16 U.S.C. 410xxx(e) ), is amended by adding at the end the following: (3) Visitor Center The Secretary— (A) may acquire, by donation, the land (including any improvements to the land) owned by the city of Ste. Genevieve, Missouri, and used as the visitor center for the Historical Park, as generally depicted on the Map as Proposed Boundary Addition ; and (B) on acquisition of the land described in subparagraph (A), shall revise the boundary of the Historical Park to include the acquired land. . | https://www.govinfo.gov/content/pkg/BILLS-117s3338is/xml/BILLS-117s3338is.xml |
117-s-3339 | II 117th CONGRESS 1st Session S. 3339 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Warnock (for himself, Ms. Klobuchar , Mr. Menendez , Ms. Baldwin , Mr. Reed , Mrs. Murray , Ms. Smith , Mr. Heinrich , Mr. Blumenthal , Ms. Hirono , 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 limit cost sharing for prescription drugs, and for other purposes.
1. Short title This Act may be cited as the Capping Prescription Costs Act of 2021 . 2. Cap on prescription drug cost-sharing (a) Qualified health plans Section 1302(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(c) ) is amended— (1) in paragraph (3)(A)(i), by inserting , including cost-sharing with respect to prescription drugs covered by the plan after charges ; and (2) by adding at the end the following: (5) Prescription drug cost-sharing (A) 2023 For plan years beginning in 2023, the cost-sharing incurred under a health plan with respect to prescription drugs covered by the plan shall not exceed $250 per month for each enrolled individual, or $500 for each family. (B) 2024 and later (i) In general In the case of any plan year beginning in a calendar year after 2023, the limitation under this paragraph shall be equal to the applicable dollar amount under subparagraph (A) for plan years beginning in 2023, increased by an amount equal to the product of that amount and the medical care component of the consumer price index for all urban consumers (as published by the Bureau of Labor Statistics) for that year. (ii) Adjustment to amount If the amount of any increase under clause (i) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. . (b) Group health plans Section 2707(b) of the Public Health Service Act ( 42 U.S.C. 300gg–6(b) ) is amended— (1) by striking annual ; and (2) by striking paragraph (1) of section 1302(c) and inserting paragraphs (1) and (5) of section 1302(c) of the Patient Protection and Affordable Care Act . (c) Effective date The amendments made by subsections (a) and (b) shall take effect with respect to plans beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3339is/xml/BILLS-117s3339is.xml |
117-s-3340 | II 117th CONGRESS 1st Session S. 3340 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Padilla (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a competitive grant program to provide assistance to support small businesses and business district revitalization in low-income, rural, and minority communities, and for other purposes.
1. Short title This Act may be cited as the Revitalizing Small and Local Businesses Act . 2. Revitalizing business districts program (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Revitalizing business districts program (a) Definitions In this section: (1) National nonprofit organization The term national nonprofit organization means a nonprofit organization that— (A) operates in each geographic area served by a regional office of the Economic Development Administration; and (B) has experience and expertise in providing technical assistance and capacity building programs in support of community-based organizations that focus on revitalizing business districts and commercial corridors, including through support of underserved small businesses. (2) Nonprofit organization The term nonprofit organization means an organization that is— (A) described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986; and (B) exempt from taxation under section 501(a) of that Code. (b) Program The Secretary shall establish a national program under which the Secretary shall award grants on a competitive basis to national nonprofit organizations to carry out place-based programs, in partnership with locally-based nonprofit or public community and economic development partners, to provide specialized technical assistance, capacity building, and related services that support small businesses and business district revitalization in low-income, rural, and minority communities. (c) Application A national nonprofit organization 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 require. (d) Partnerships In order to receive a grant under this section, a national nonprofit organization shall demonstrate a track record of, and a strategy for, supporting local business district organizations or similar place-based business or economic development organizations and serving disadvantaged businesses or communities that are socially and economically disadvantaged, including rural communities. (e) Prioritization Notwithstanding section 206, in selecting grant recipients under this section, the Secretary shall give priority to an applicant— (1) that would serve communities that are socially and economically disadvantaged, including rural communities; and (2) that has the demonstrated capacity to serve multiple States, and multiple geographies within a State. (f) Administration The Secretary shall carry out this section through the headquarters office of the Economic Development Administration. (g) Federal share (1) In general Subject to paragraphs (2) and (3) and notwithstanding section 204 or any other provision of law, the Federal share of the cost of a project carried out with assistance under this section shall be not more than 80 percent. (2) Use of other Federal funds A grant recipient may use other Federal funds provided to the grant recipient to increase the Federal share under paragraph (1) up to 100 percent, as the Secretary determines to be appropriate. (3) Waiver The Secretary may increase the Federal share under paragraph (1) up to 100 percent if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (h) Administrative costs Of the amounts made available to carry out this section for a fiscal year, the Secretary may use not more than 2 percent for the administrative costs of carrying out this section. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended, to carry out this section. . (b) Direct expenditure or redistribution by recipient Section 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking or 207 and inserting 207, or 219 . | https://www.govinfo.gov/content/pkg/BILLS-117s3340is/xml/BILLS-117s3340is.xml |
117-s-3341 | II 117th CONGRESS 1st Session S. 3341 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Moran (for himself, Mr. Tester , Mr. Boozman , Mr. Cassidy , Mr. Rounds , Mr. Tillis , Mr. Sullivan , Mrs. Blackburn , Mr. Cramer , Mr. Braun , Ms. Sinema , Ms. Hassan , Mr. Brown , Mr. Blumenthal , Mrs. Murray , Ms. Hirono , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to submit to Congress periodic reports on the costs, performance metrics, and outcomes of the Department of Veterans Affairs Electronic Health Record Modernization program.
1. Short title This Act may be cited as the VA Electronic Health Record Transparency Act of 2021 . 2. Reports on costs, performance metrics, and outcomes of Department of Veterans Affairs Electronic Health Record Modernization program (a) In general Section 503 of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 38 U.S.C. 5701 note prec.) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following new subsection (e): (e) Quarterly reports (1) Reports on costs of program (A) In general Not later than 90 days after the date of the enactment of the VA Electronic Health Record Transparency Act of 2021 , and not later than the date that is 30 days after the last day of each fiscal quarter thereafter until the termination date specified in paragraph (3), the Secretary shall submit to the appropriate congressional committees a report on the costs of the Electronic Health Record Modernization Program. (B) Elements Each report under subparagraph (A) shall include, for the period covered by the report and for the total period beginning on the date of the enactment of the VA Electronic Health Record Transparency Act of 2021 and ending on the date of the submittal of the report, a description of all actual expenses of, and driven by, the Electronic Health Record Modernization Program, including any such expenses paid using— (i) any funds appropriated for the Department of Veterans Affairs, for any source or account, expended by any organizational element of the Department or by the Federal Electronic Health Record Modernization Office for the Electronic Health Record Modernization Program; (ii) any funds, from any source or account, expended by any organizational element of the Department for physical or technology infrastructure modifications, enhancements, improvements, or expansions at a facility of the Department necessitated by, or related or pertaining to, the Electronic Health Record Modernization Program; and (iii) any funds, from any source or account, expended by any organizational element of the Department or by the Federal Electronic Health Record Modernization Office for consultants, support contractors, or experts related or pertaining to the Electronic Health Record Modernization Program. (2) Reports on performance metrics and outcomes (A) In general Not later than 90 days after the date of the enactment of the VA Electronic Health Record Transparency Act of 2021 , and not later than the date that is 30 days after the last day of each fiscal quarter thereafter until the termination date specified in paragraph (3), the Secretary shall submit to the appropriate congressional committees a report on the performance metrics and outcomes of the Electronic Health Record Modernization Program. (B) Elements Each report under subparagraph (A) shall include, for the period covered by the report— (i) a list of the quality, performance, safety, or value metrics, key performance indicators, and other diagnostic or evaluation criteria in use to assess the Electronic Health Record Modernization Program and the electronic health record system, in general and at individual facilities, with respect to veterans, employees of the Department, and operations of the Department; (ii) an explanation of any change to any of such metrics, indicators, and criteria compared to the metrics, indicators, and criteria included in any previous report submitted under subparagraph (A); (iii) the data supporting or demonstrating each such metric, indicator, and criteria compared to the data supporting or demonstrating such metric, indicator, or criteria as included in the previous report submitted under subparagraph (A); and (iv) a list of patient safety reports, incidents, alerts, or disclosures at each facility of the Department where the electronic health record system has been implemented. (3) Termination date The requirements to submit reports under paragraphs (1) and (2) shall terminate on the date that is 90 days after the date on which the Secretary submits to the appropriate congressional committees a certification that the Electronic Health Record Modernization Program has been fully implemented. ; and (3) in subsection (f), as redesignated by paragraph (1), by adding at the end the following new paragraphs: (3) The term electronic health record system means the electronic health record system implemented pursuant to the Electronic Health Record Modernization Program. (4) The term facility of the Department includes a joint facility of the Department of Veterans Affairs and the Department of Defense. (5) The term Federal Electronic Health Record Modernization Office means the office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). . | https://www.govinfo.gov/content/pkg/BILLS-117s3341is/xml/BILLS-117s3341is.xml |
117-s-3342 | II 117th CONGRESS 1st Session S. 3342 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Bennet (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize additional district judgeships for the district of Colorado, and for other purposes.
1. Short title This Act may be cited as the Colorado Judgeship Act . 2. Additional district judgeships for the district of Colorado (a) Additional district judgeships The President shall appoint, by and with the advice and consent of the Senate, 3 additional district judges for the district of Colorado. (b) Technical and conforming amendment The table in section 133(a) of title 28, United States Code, is amended by striking the item relating to Colorado and inserting the following: Colorado 10 . | https://www.govinfo.gov/content/pkg/BILLS-117s3342is/xml/BILLS-117s3342is.xml |
117-s-3343 | II 117th CONGRESS 1st Session S. 3343 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Whitehouse (for himself, Mr. Padilla , Mr. Markey , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.
1. Short title This Act may be cited as the Bivens Act of 2021 . 2. Civil action against person acting under Federal authority Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended by inserting of the United States or before of any State . | https://www.govinfo.gov/content/pkg/BILLS-117s3343is/xml/BILLS-117s3343is.xml |
117-s-3344 | II 117th CONGRESS 1st Session S. 3344 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Kennedy (for himself, Mr. Graham , Mr. Hagerty , Mr. Cotton , Mr. Scott of South Carolina , Mr. Scott of Florida , Mrs. Blackburn , Mr. Hawley , Mr. Boozman , Mr. Hoeven , Mr. Marshall , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To protect the American Taxpayer and Medicare.
1. Short title This Act may be cited as the Protecting the American Taxpayer and Medicare Act . 2. Adjustments to Medicare sequestration reductions (a) Extension of temporary suspension through March 2022 (1) In general Section 3709(a) of division A of the CARES Act ( 2 U.S.C. 901a note) is amended— (A) in the subsection header by inserting and adjustment after suspension ; and (B) by striking December 31, 2021 and inserting March 31, 2022 . (2) Effective date The amendments made by paragraph (1) shall take effect as if enacted as part of the CARES Act ( Public Law 116–136 ). (b) Adjustments to Medicare program sequestration reduction with respect to fiscal years 2022 and 2030 Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(6) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent. (D) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that— (i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and (ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent. . 3. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (c)(2)(B)(iv)(V), by striking 2021 and inserting 2021 or 2022 ; and (2) in subsection (t)— (A) in the subsection header, by striking 2021 and inserting 2021 and 2022 ; (B) in paragraph (1)— (i) by striking during 2021 and inserting during 2021 and 2022 ; and (ii) by striking for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent. and inserting for— (A) such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent; and (B) such services furnished on or after January 1, 2022, and before January 1, 2023, by 3.0 percent. ; and (C) in paragraph (2)(C)— (i) in the subparagraph header, by striking 2021 and inserting 2021 and 2022 ; (ii) by inserting for services furnished in 2021 or 2022 after under this subsection ; and (iii) by inserting or 2022, respectively before the period at the end. (b) Report Section 101(c) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended— (1) in the first sentence— (A) by striking April 1, 2022 and inserting each of April 1, 2022, and April 1, 2023 ; and (B) by striking , as added by subsection (a) and inserting furnished during 2021 or 2022, respectively ; and (2) in the second sentence— (A) by striking Such report and inserting Each such report ; and (B) by inserting with respect to 2021 or 2022, as applicable after under such section . 4. Preserving patient access to critical clinical lab services (a) Revised phase-In of reductions from private payor rate implementation Section 1834A(b)(3) of the Social Security Act ( 42 U.S.C. 1395m–1(b)(3) ) is amended— (1) in subparagraph (A), by striking through 2024 and inserting through 2025 ; and (2) in subparagraph (B)— (A) in clause (ii), by striking for 2021 and inserting for each of 2021 and 2022 ; and (B) in clause (iii), by striking 2022 through 2024 and inserting 2023 through 2025 . (b) Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates Section 1834A(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395m–1(a)(1)(B) ) is amended— (1) in clause (i), by striking December 31, 2021 and inserting December 31, 2022 ; and (2) in clause (ii)— (A) by striking January 1, 2022 and inserting January 1, 2023 ; and (B) by striking March 31, 2022 and inserting March 31, 2023 . 5. Delay to the implementation of the radiation oncology model under the Medicare program Section 133 of Division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking January 1, 2022 and inserting January 1, 2023 . 6. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking fiscal year 2021 and all that follows through the period at the end and inserting fiscal year 2021, $101,000,000. . 7. PAYGO annual report For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 934 ) after adjournment of the first session of the 117th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecard in 2022 and added to such scorecard in 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s3344is/xml/BILLS-117s3344is.xml |
117-s-3345 | II 117th CONGRESS 1st Session S. 3345 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Rubio (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit contributions and donations by foreign nationals in connection with ballot initiatives and referenda.
1. Short title This Act may be cited as the Protecting Ballot Measures from Foreign Influence Act . 2. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by inserting “, or a State or local ballot initiative or ballot referendum” after election . (b) Effective date The amendment made by subsection (a) shall apply with respect to contributions and donations made on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3345is/xml/BILLS-117s3345is.xml |
117-s-3346 | II 117th CONGRESS 1st Session S. 3346 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Bennet (for himself and Ms. Collins ) 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 classify certain automatic fire sprinkler system retrofits as 15-year property for purposes of depreciation.
1. Short title This Act may be cited as the High Rise Fire Sprinkler Incentive Act of 2021 . 2. Classification of certain automatic fire sprinkler system retrofits (a) Treatment as 15-Year property Section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (vi), by striking the period at the end of clause (vii) and inserting , and , and by adding at the end the following: (viii) any automatic fire sprinkler system retrofit property. . (b) Applicable depreciation method Section 168(b)(3) of such Code is amended by adding at the end the following new subparagraph: (H) Any automatic fire sprinkler system retrofit property. . (c) Alternative system The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(vii) the following: (E)(viii) 39 (d) Definition of automatic fire sprinkler system retrofit property Section 168(i) of such Code is amended by adding at the end the following new paragraph: (20) Automatic fire sprinkler system retrofit property The term automatic fire sprinkler system retrofit property means any sprinkler system which— (A) meets the standards of National Fire Protection Association 13 (or any successor benchmark), (B) is installed for use in residential property, and (C) is installed in a building which— (i) was placed in service before the date of such installation, and (ii) has an occupiable floor more than 75 feet above the lowest level of fire department vehicle access. . (e) Effective date The amendments made by this section shall apply after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3346is/xml/BILLS-117s3346is.xml |
117-s-3347 | II 117th CONGRESS 1st Session S. 3347 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Toomey (for himself, Mr. Cardin , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To identify and impose sanctions with respect to persons who are responsible for or complicit in abuses toward dissidents on behalf of the Government of Iran.
1. Short title This Act may be cited as the Masih Alinejad Harassment and Unlawful Targeting Act of 2021 or the Masih Alinejad HUNT Act of 2021 . 2. Findings Congress finds that the Government of the Islamic Republic of Iran surveils, harasses, terrorizes, tortures, abducts, and murders individuals who peacefully defend human rights and freedoms in Iran, and innocent entities and individuals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following instances: (1) In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women’s rights activist, and journalist Masih Alinejad, from her home in New York City, in retaliation for exercising her rights under the First Amendment to the Constitution of the United States. Iranian agents allegedly spent at least approximately half a million dollars to capture the outspoken critic of the authoritarianism of the Government of Iran, and studied evacuating her by military-style speedboats to Venezuela before rendition to Iran. (2) Prior to the New York kidnapping plot, Ms. Alinejad’s family in Iran was instructed by authorities to lure Ms. Alinejad to Turkey. In an attempt to intimidate her into silence, the Government of Iran arrested 3 of Ms. Alinejad’s family members in 2019, and sentenced her brother to 8 years in prison for refusing to denounce her. (3) According to Federal prosecutors, the same Iranian intelligence network that allegedly plotted to kidnap Ms. Alinejad is also targeting critics of the Government of Iran who live in Canada, the United Kingdom, and the United Arab Emirates. (4) In 2021, an Iranian diplomat was convicted in Belgium of attempting to carry out a 2018 bombing of a dissident rally in France. (5) In 2021, a Danish high court found a Norwegian citizen of Iranian descent guilty of illegal espionage and complicity in a failed plot to kill an Iranian Arab dissident figure in Denmark. (6) In 2021, the British Broadcasting Corporation (BBC) appealed to the United Nations to protect BBC Persian employees in London who suffer regular harassment and threats of kidnapping by Iranian government agents. (7) In 2021, 15 militants allegedly working on behalf of the Government of Iran were arrested in Ethiopia for plotting to attack citizens of Israel, the United States, and the United Arab Emirates, according to United States officials. (8) In 2020, Iranian agents allegedly kidnapped United States resident and Iranian-German journalist Jamshid Sharmahd, while he was traveling to India through Dubai. Iranian authorities announced they had seized Mr. Sharmahd in a complex operation , and paraded him blindfolded on state television. Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd was the target of an alleged Iran-directed assassination plot in Glendora, California. (9) In 2020, the Government of Turkey released counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an Iranian-Swedish activist for Iran’s Arab minority. In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through a female agent posing as a potential lover. Mr. Chabi was then allegedly kidnapped from Istanbul, and smuggled into Iran where he faces execution, following a sham trial. (10) In 2020, a United States-Iranian citizen and an Iranian resident of California pleaded guilty to charges of acting as illegal agents of the Government of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and collecting identifying information about United States citizens and nationals who are critical of the Iranian regime. (11) In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly orchestrated the assassination of Iranian dissident journalist Masoud Molavi Vardanjani, who was shot while walking with a friend in Istanbul. Unbeknownst to Mr. Molavi, his friend was in fact an undercover Iranian agent and the leader of the killing squad, according to a Turkish police report. (12) In 2019, around 1,500 people were allegedly killed amid a less than 2 week crackdown by security forces on anti-government protests across Iran, including at least an alleged 23 children and 400 women. (13) In 2019, Iranian operatives allegedly lured Paris-based Iranian journalist Ruhollah Zam to Iraq, where he was abducted, and hanged in Iran for sedition. (14) In 2019, a Kurdistan regional court convicted an Iranian female for trying to lure Voice of America reporter Ali Javanmardi to a hotel room in Irbil, as part of a foiled Iranian intelligence plot to kidnap and extradite Mr. Javanmardi, a critic of the Government of Iran. (15) In 2019, Federal Bureau of Investigation agents visited the rural Connecticut home of Iran-born United States author and poet Roya Hakakian to warn her that she was the target of an assassination plot orchestrated by the Government of Iran. (16) In 2019, the Government of Denmark accused the Government of Iran of directing the assassination of Iranian Arab activist Ahmad Mola Nissi, in The Hague, and the assassination of another opposition figure, Reza Kolahi Samadi, who was murdered near Amsterdam in 2015. (17) In 2018, German security forces searched for 10 alleged spies who were working for Iran’s al-Quds Force to collect information on targets related to the local Jewish community, including kindergartens. (18) In 2017, Germany convicted a Pakistani man for working as an Iranian agent to spy on targets including a former German lawmaker and a French-Israeli economics professor. (19) In 2012, an Iranian American pleaded guilty to conspiring with members of the Iranian military to bomb a popular Washington, DC, restaurant with the aim of assassinating the ambassador of Saudi Arabia to the United States. (20) In 1996, agents of the Government of Iran allegedly assassinated 5 Iranian dissident exiles across Turkey, Pakistan, and Baghdad, over a 5-month period that year. (21) In 1992, the Foreign and Commonwealth Office of the United Kingdom expelled 2 Iranians employed at the Iranian Embassy in London and a third Iranian on a student visa amid allegations they were plotting to kill Indian-born British American novelist Salman Rushdie, pursuant to the fatwa issued by then supreme leader of Iran, Ayatollah Ruhollah Khomeini. (22) In 1992, 4 Iranian Kurdish dissidents were assassinated at a restaurant in Berlin, Germany, allegedly by Iranian agents. (23) In 1992, singer, actor, poet, and gay Iranian dissident Fereydoun Farrokhzad was found dead with multiple stab wounds in his apartment in Germany. His death is allegedly the work of Iran-directed agents. (24) In 1980, Ali Akbar Tabatabaei, a leading critic of Iran and then president of the Iran Freedom Foundation, was murdered in front of his Bethesda, Maryland, home by an assassin disguised as a postal courier. The Federal Bureau of Investigation had identified the mailman as Dawud Salahuddin, born David Theodore Belfield. Mr. Salahuddin was working as a security guard at an Iranian interest office in Washington, DC, when he claims he accepted the assignment and payment of $5,000 from the Government of Iran to kill Mr. Tabatabaei. (25) Other exiled Iranian dissidents alleged to have been victims of the Government of Iran’s murderous extraterritorial campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali Oveissi. (26) Iranian Americans face an ongoing campaign of intimidation both in the virtual and physical world by agents and affiliates of the Government of Iran, which aims to stifle freedom of expression and eliminate the threat Iranian authorities believe democracy, justice, and gender equality pose to their rule. 3. Definitions In this Act: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (3) Correspondent account; payable-through account The terms correspondent account and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (4) Foreign financial institution The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(i) ). (5) Foreign person The term foreign person means any individual or entity that is not a United States person. (6) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 4. Report and imposition of sanctions with respect to persons who are responsible for or complicit in abuses toward dissidents on behalf of the Government of Iran (a) Report required (1) In general Not later than 45 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report that— (A) includes a detailed description and assessment of— (i) the state of human rights and the rule of law inside Iran, including the rights and well-being of women, religious and ethnic minorities, and the LGBTQ community in Iran; (ii) actions taken by the Government of Iran during the year preceding submission of the report to target and silence dissidents both inside and outside of Iran who advocate for human rights inside Iran; (iii) the methods used by the Government of Iran to target and silence dissidents both inside and outside of Iran; and (iv) the means through which the Government of Iran finances efforts to target and silence dissidents both inside and outside of Iran; (B) identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government (including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz’afin), that the Secretary of State determines, based on credible evidence, are knowingly responsible for, complicit in or involved in ordering, conspiring, planning or implementing the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassination of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States inside or outside Iran who seek— (i) to expose illegal or corrupt activity carried out by officials of the Government of Iran; (ii) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections, in Iran; or (iii) to obtain, exercise, defend, or promote the rights and well-being of women, religious and ethnic minorities, and the LGBTQ community in Iran; and (C) includes, for each foreign person identified subparagraph (B), a clear explanation for why the foreign person was so identified. (2) Updates of report The report required by paragraph (1) shall be updated, and the updated version submitted to the appropriate congressional committees, during the 10-year period following the date of the enactment of this Act— (A) not less frequently than annually; and (B) with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as new information becomes available. (3) Form of report (A) In general Each report required by paragraph (1) and each update required by paragraph (2) shall be submitted in unclassified form but may include a classified annex. (B) Public availability The Secretary of State shall post the unclassified portion of each report required by paragraph (1) and each update required by paragraph (2) on a publicly available internet website of the Department of State. (b) Imposition of sanctions In the case of a foreign person identified under paragraph (1)(B) of subsection (a) in the most recent report or update submitted under that subsection, the President shall— (1) if the foreign person meets the criteria for the imposition of sanctions under subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note), impose sanctions under subsection (b) of that section; and (2) if the foreign person does not meet such criteria, impose the sanctions described in subsection (c). (c) Sanctions described The sanctions to be imposed under this subsection with respect to a foreign person are the following: (1) Blocking of property The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) In general (i) Visas, admission, or parole An alien described in subsection (a)(1)(B) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The visa or other entry documentation of an alien described in subsection (a)(1)(B) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (II) Immediate effect A revocation under subclause (I) shall— (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (d) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees, not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the person has— (A) credibly demonstrated a significant change in behavior; (B) has paid an appropriate consequence for the activity for which sanctions were imposed; and (C) has credibly committed to not engage in an activity described in subsection (a) in the future. 5. Report and imposition of sanctions with respect to foreign financial institutions conducting significant transactions with persons responsible for or complicit in abuses toward dissidents on behalf of the Government of Iran (a) Report required (1) In general Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 4(a), the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 4(a). (2) Form of report (A) In general Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (B) Public availability The Secretary of the Treasury shall post the unclassified portion of each report required by paragraph (1) on a publicly available internet website of the Department of the Treasury. (b) Imposition of sanctions The Secretary of the Treasury may prohibit the opening, or prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution identified under subsection (a)(1). 6. Exceptions; waivers; implementation (a) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under sections 4 and 5 shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Exception to comply with united nations headquarters agreement Sanctions under section 4(c)(2) shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations. (b) National security waiver The President may waive the application of sanctions under section 4 with respect to a person if the President— (1) determines that the waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver. (c) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of section 4(b)(1) or 5(b) or any regulation, license, or order issued to carry out either such section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. 7. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authorities and requirements to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. | https://www.govinfo.gov/content/pkg/BILLS-117s3347is/xml/BILLS-117s3347is.xml |
117-s-3348 | II 117th CONGRESS 1st Session S. 3348 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Markey (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Freedom's Way National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Freedom's Way National Heritage Area Act of 2021 . 2. Reauthorization of Freedom's Way National Heritage Area (a) Removal of total funding limit Section 8006(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1260) is amended by striking paragraph (1) and inserting the following: (1) In general There is authorized to be appropriated to carry out this section not more than $1,000,000 for each fiscal year. . (b) Reauthorization Section 8006(j) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1260) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s3348is/xml/BILLS-117s3348is.xml |
117-s-3349 | II 117th CONGRESS 1st Session S. 3349 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Risch (for himself, Mr. Hickenlooper , Ms. Cortez Masto , Mr. Marshall , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to provide applicants for certain loans and grants with updates with respect to those applications, and for other purposes.
1. Short title This Act may be cited as the Streamlining EIDL Act . 2. Definitions In this Act— (1) the term Administration means the Small Business Administration; (2) the term Administrator means the Administrator of the Administration; (3) the terms compliance and improper payment have the meanings given the terms in section 3351 of title 31, United States Code; (4) the term covered application — (A) means an application that is— (i) for any assistance provided under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including any loan or grant made under section 1110 of the CARES Act ( 15 U.S.C. 9009 ); and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (B) includes an application that is— (i) for an increase with respect to assistance that is— (I) described in subparagraph (A)(i); and (II) provided to the applicant before the date of enactment of this Act; and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (5) the term covered assistance means a loan or grant made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including under section 1110 of the CARES Act ( 15 U.S.C. 9009 ), related to COVID–19. 3. EIDL loans (a) Requirements The Administrator shall— (1) not later than 7 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) notice that the Administrator has received the application; and (B) information regarding an office or official of the Administration that the applicant may contact in the event that the applicant has questions regarding the application; (2) not later than 21 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) a written report detailing the status of the application and any requirements for completion of the application, including any external or internal delays; and (B) an explanation regarding the appeals process with respect to a covered application that the Administrator disapproves; and (3) not later than 45 days after the date on which the Administrator receives a completed covered application that is in accordance with all applicable requirements, including such requirements as the Administrator may prescribe by regulation— (A) review the application in its entirety; and (B) (i) approve the application and make the loan (or the increase in the loan amount) that is the subject of the covered application if all applicable requirements with respect to the applicable loan are satisfied; or (ii) disapprove the application and notify the applicant in writing of the disapproval. (b) Review and reporting Not later than 90 days after the date of enactment of this Act, the Administrator shall— (1) conduct a comprehensive review of the process for submitting a covered application, which shall focus on ways to ensure that applicants submitting covered applications— (A) are not asked to submit materials with respect to such an application more than once; (B) receive timely responses and updates from the Administrator with respect to those covered applications, including the information required under paragraphs (1) and (2) of subsection (a); and (C) receive the loans (or loan increases) sought in those covered applications in a manner that complies with subsection (a)(3); and (2) submit to Congress a report regarding the review conducted under paragraph (1). 4. Reports (a) Report on implementation of Inspector General recommendations Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the specific steps that the Administration has taken to meet the recommendations provided by the Inspector General of the Administration in the report issued on May 6, 2021, entitled SBA’s Handling of Identity Theft in the COVID–19 Economic Injury Disaster Loan Program , which shall include a description of— (1) the system that the Administration has developed to maintain and track all identity theft complaints related to covered assistance; (2) how the Administration is providing guidance, assistance, and status updates to complainants that allege their identity has been stolen; (3) how the Administration is restoring identity theft victims to their condition prior to fraud, including details on how the Administration will file collateral releases and specify if the Administration or the complainant is paying for costs to file Uniform Commercial Code lien release documents; (4) the process of the Administration for removing fraudulent covered assistance, and related Uniform Commercial Code filing fees, from the financial records of the Administration, including how— (A) the system described in paragraph (1)— (i) will charge off and remove partially or fully disbursed covered assistance from the financial records; and (ii) addresses charge off or removal of related Uniform Commercial Code filing fees; and (B) the Administration is differentiating between— (i) routine defaults in covered assistance that— (I) have been or will be charged off; and (II) are required to be submitted to the Department of the Treasury for collection; and (ii) identity theft-related covered assistance that the Administration is required to charge off without being sent to the Department of the Treasury for collection; (5) the process of the Administration for tracking the recovery of funds from fraudsters to offset the outstanding identity theft-related covered assistance before any charge off action; and (6) actions the Administration has taken to recover improper payments related to identity theft-related covered assistance and how the Administration is taking steps to be in compliance. (b) Regular reports The Administrator shall submit to Congress— (1) a monthly report that, in order to identify individual allegations of identity theft that have not been refiled, reconciles— (A) applications submitted during the period beginning on March 1, 2020, and ending on January 31, 2021, for covered assistance based on identity theft allegations; and (B) applications based on refiled allegations of identity theft relating to the covered assistance described in subparagraph (A); and (2) not later than 180 days after the date on which the first report under paragraph (1) is submitted, a detailed plan on how the Administration will attempt, or has attempted, to contact the remaining individuals whose identity theft allegations have not been refiled. | https://www.govinfo.gov/content/pkg/BILLS-117s3349is/xml/BILLS-117s3349is.xml |
117-s-3350 | II 117th CONGRESS 1st Session S. 3350 IN THE SENATE OF THE UNITED STATES December 9, 2021 Ms. Rosen (for herself and Mr. Portman ) 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 condition an institution of higher education's receipt of Federal assistance on waiving the application for enrollment fee for homeless children and youths and students who were in foster care at any time when the students were 13 years of age or older.
1. Short title This Act may be cited as the Helping Foster and Homeless Youth Achieve Act . 2. Waiver of application fees for homeless children and youths and foster youth Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by adding at the end the following: 493E. Waiver of application fees for homeless children and youths and foster youth In order for an institution of higher education, or a student enrolled at the institution, to receive Federal assistance under this Act, the institution shall waive the application for enrollment fee for homeless children and youths (as defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a )) and for a student who was in foster care at any time when the individual was 13 years of age or older, as indicated on the Free Application for Federal Student Aid submitted by the student. . | https://www.govinfo.gov/content/pkg/BILLS-117s3350is/xml/BILLS-117s3350is.xml |
117-s-3351 | II 117th CONGRESS 1st Session S. 3351 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Coons (for himself, Mr. Wicker , Ms. Collins , 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 Coastal Management Fellowship and the Digital Coast Fellowship, and for other purposes.
1. Short title This Act may be cited as the Coastal Fellowships Act . 2. Definitions In this Act: (1) Coastal State The term coastal State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (2) Fellow The term fellow means an individual awarded a fellowship under section 5. (3) Secretary The term Secretary means the Secretary of Commerce. 3. Establishment of Coastal Management Fellowship (a) In general There is established a fellowship program, to be known as the Coastal Management Fellowship . (b) Purposes The purposes of the Coastal Management Fellowship are— (1) to provide on-the-job training, professional mentoring, and educational opportunities in coastal management and policy to qualified individuals as described in section 5; (2) to direct essential workforce assistance to coastal States to support coastal management efforts, including building local-level capacity to adapt to coastal vulnerabilities; and (3) to encourage the next generation of coastal professionals to engage in public service work to help the United States better manage coastal resources and protect coastal communities. 4. Establishment of Digital Coast Fellowship (a) In general There is established a fellowship program, to be known as the Digital Coast Fellowship . (b) Purposes The purposes of the Digital Coast Fellowship are— (1) to provide on-the-job training, professional mentoring, and educational opportunities in coastal management and policy to qualified individuals as described in section 5; (2) to provide assistance to coastal States and partner organizations to help advance the goals of the Digital Coast program established under section 4 of the Digital Coast Act ( 16 U.S.C. 1467 ); and (3) to encourage the next generation of coastal professionals to engage in public service work to help the United States better manage coastal resources and protect coastal communities. 5. Fellowships (a) In general The Secretary shall award fellowships under the Coastal Management Fellowship and the Digital Coast Fellowship in accordance with this section. (b) Qualifications (1) In general The Secretary shall award fellowships under this section to individuals selected from among individuals who— (A) have successfully completed a covered degree or will complete a covered degree before the start of the fellowship; and (B) have demonstrated— (i) an interest in pursuing a career in coastal or marine— (I) science; (II) policy; (III) management; or (IV) law; (ii) outstanding potential for such a career; (iii) leadership potential or experience; (iv) a commitment to or significant interest in public service; (v) proficient skills in writing and oral communication; and (vi) such other attributes as the Secretary determines appropriate. (2) Definition of covered degree In this subsection, the term covered degree means a graduate degree from an accredited United States institution, the curriculum for which covers topics relevant to coastal management, as determined by the Secretary. (c) Requirement of geographic balance The Secretary shall award fellowships under this section in a manner that is geographically balanced. (d) Term of fellowship A fellowship awarded under this section shall be for a term of not more than 2 years. (e) Stipend (1) In general Each fellow shall receive an annual stipend of not less than $47,000, which the Secretary shall regularly review and periodically adjust, as determined appropriate by the Secretary— (A) to be commensurate with other similar fellowships; and (B) to account for changes in cost of living and inflation. (2) Locality pay The Secretary shall include a pay adjustment as part of the stipends described in paragraph (1) that is comparable to the locality pay adjustment for the locality pay area in which the host office of the fellow is located, as determined under section 531.603 of title 5, Code of Federal Regulations (or any successor regulation). (f) Status of fellows Except as provided in subsection (h)(3), fellows shall not be considered to be Federal employees. (g) Direct hire authority (1) In general During fiscal year 2022 and any fiscal year thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a candidate who meets the qualifications described in paragraph (2) directly to a position with the Federal agency for which the candidate meets Office of Personnel Management qualification standards. (2) Qualifications Paragraph (1) applies with respect to a former fellow who has successfully fulfilled the requirements of the fellowship. (3) Limitation The direct hire authority under paragraph (1) shall be exercised with respect to a specific qualified candidate not later than 2 years after the date on which the candidate completed a fellowship awarded under this section. (h) Use of funds Amounts authorized to be appropriated under section 6 shall be used for— (1) the award of fellowships under this section, including stipends paid to fellows and other relevant benefits offered to fellows, including health insurance, as identified by the Secretary; (2) administrative costs associated with the Coastal Management Fellowship and the Digital Coast Fellowship; (3) relocation and travel expenses paid to fellows, who shall be considered to be Federal employees for purposes of section 3375 of title 5, United States Code; (4) professional development opportunities for fellows, including costs associated with trainings, certifications, classes, or other opportunities to advance— (A) the professional skills of each fellow; or (B) the ability of each fellow to support the needs of the host office; and (5) such other costs of the Coastal Management Fellowship and the Digital Coast Fellowship as the Secretary may identify. 6. Authorization of appropriations There is authorized to be appropriated to the Secretary for the uses described in section 5(h) $1,910,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3351is/xml/BILLS-117s3351is.xml |
117-s-3352 | II 117th CONGRESS 1st Session S. 3352 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Markey (for himself, Mr. Blumenthal , Mr. Wyden , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit air carriers from imposing fees that are not reasonable and proportional to the costs incurred by the air carriers, and for other purposes.
1. Short title This Act may be cited as the Forbidding Airlines from Imposing Ridiculous Fees Act of 2021 or the FAIR Fees Act of 2021 . 2. Regulations prohibiting 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 of Transportation 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 passenger air transportation; (2) any fee relating to checked or carry-on baggage to be transported on a flight in passenger air transportation; (3) any fee relating to the choice or assignment of seats on a flight in passenger air transportation; and (4) any other fee imposed by an air carrier relating to a flight in passenger air transportation. (c) Considerations In establishing the standards required by 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 that was paid for the seat for which the reservation was changed or canceled; and (iv) the likelihood that the passenger changing or canceling the reservation will, as a result, 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; (3) with respect to a fee described in subsection (b)(3) imposed by an air carrier relating to the choice or assignment of seats on a flight in passenger air transportation, ensuring that passengers traveling with children age 13 or younger are able to be seated with those children at no additional charge to the passengers traveling with such children or to any other passenger traveling on the flight involved; and (4) any other considerations the Secretary considers appropriate. (d) Updated regulations The Secretary shall update the standards required by subsection (a)(2) not less frequently than every 3 years. (e) Definitions In this section: (1) Air carrier The term air carrier means any air carrier that holds an air carrier certificate under section 41101 of title 49, United States Code. (2) Passenger air transportation The term passenger air transportation means, with respect to the transportation of passengers by aircraft as a common carrier for compensation, foreign air transportation, interstate air transportation, and intrastate air transportation, as such terms are defined in section 40102 of title 49, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3352is/xml/BILLS-117s3352is.xml |
117-s-3353 | II 117th CONGRESS 1st Session S. 3353 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mrs. Hyde-Smith introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To provide solutions to the United States energy crisis, and for other purposes.
1. Short title This Act may be cited as the Domestic Energy Crisis Relief Act . 2. Sense of the Senate relating to lowering energy prices for American families It is the sense of the Senate that the Federal Government should implement policies to lower energy prices for American families and to ensure the resiliency and energy independence of the United States by revising the regulatory agenda and legislative priorities of the Biden Administration that relate to domestic oil and gas development, such as by— (1) supporting the development of additional oil and gas pipelines to the United States, such as the Keystone XL Pipeline; (2) following Federal law and the intent of Congress by imposing sanctions on Nord Stream 2 AG and all individuals and entities involved in the planning, construction, or operation of the Nord Stream 2 Pipeline; (3) withdrawing from the Paris Climate Agreement; (4) complying with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); and (5) revising section 208 of Executive Order 14008 (86 Fed. Reg. 7624 (February 1, 2021); relating to tackling the climate crisis at home and abroad) to allow oil and gas leases in the Gulf of Mexico and other offshore and onshore Federal areas. 3. Oil and gas leasing (a) In general The Secretary of the Interior shall immediately resume oil and gas lease sales on Federal land in compliance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Prohibition The President shall not, through Executive order or any other administrative procedure, 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. 4. Authorization of Keystone pipeline (a) In general TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain pipeline facilities at the international border of the United States and Canada in Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) No Presidential permit required No Presidential permit (or similar permit) under any Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in subsection (a). 5. Federal share of certain oil and gas projects (a) Definition of covered project In this section, the term covered project means a project to conduct oil and gas resource assessments on Federal land with significant oil and gas potential. (b) Federal share With respect to a covered project carried out jointly by a State and the Secretary of the Interior, the Federal share of the cost of the covered project shall be not less than 50 percent. 6. Use of United States workers and equipment manufactured in the United States When practicable, the Secretary of the Interior shall encourage the use of United States workers and equipment manufactured in the United States in all construction activities carried out by the Secretary relating to mineral resource development. 7. Report on international regulation of energy commodity futures and derivatives (a) In general The Commodity Futures Trading Commission shall conduct a study on the international regime for regulating trading in energy commodity futures and derivatives. (b) Analysis The study conducted under subsection (a) shall include an analysis of, at a minimum— (1) key common features and differences among countries in the regulation of energy commodity trading, including with respect to market oversight and enforcement; (2) agreements and practices for sharing market and trading data; (3) the use of position limits or thresholds to detect and prevent price manipulation, excessive speculation described in section 4a(a) of the Commodity Exchange Act ( 7 U.S.C. 6a(a) ), or other unfair trading practices; (4) practices regarding the identification of commercial and noncommercial trading and the extent of market speculation; and (5) agreements and practices for facilitating international cooperation on market oversight, compliance, and enforcement. (c) Report Not later than 120 days after the date of enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that— (1) describes the results of the study conducted under that subsection; and (2) provides recommendations to improve openness, transparency, and other necessary elements of a properly functioning market. 8. Reporting and recordkeeping (a) In general Section 4g of the Commodity Exchange Act ( 7 U.S.C. 6g ) is amended by adding at the end the following: (g) Index traders and swap dealers The Commission shall— (1) not later than 180 days after the date of enactment of this subsection, issue a proposed rule regarding routine reporting requirements for index traders (as defined by the Commission) and swap dealers in energy and agricultural transactions (as defined by the Commission) within the jurisdiction of the Commission; (2) not later than 270 days after the date of enactment of this subsection, issue a final rule regarding the reporting requirements described in paragraph (1); and (3) subject to section 8, disaggregate and make publicly available monthly information on the positions and value of index funds and other passive, long-only positions in the energy and agricultural futures markets (as defined by the Commission). . (b) Report Not later than 90 days after the date of enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing— (1) the scope of commodity index trading in the futures markets; (2) whether classification of index traders and swap dealers in the futures markets can be improved for regulatory and reporting purposes; and (3) whether, based on a review of the trading practices for index traders in the futures markets— (A) index trading activity is adversely impacting the price discovery process in the futures markets; and (B) different practices and controls should be required. 9. Hiring of employees for improved oversight and enforcement As soon as practicable after the date of enactment of this Act, the Commodity Futures Trading Commission shall hire not fewer than 50 additional full-time employees— (1) to increase the public transparency of operations in energy futures markets; (2) to improve enforcement in those markets; and (3) to carry out such other duties as the Commission determines to be appropriate. 10. Gulf of Mexico outer Continental Shelf revenues (a) Definition of qualified outer Continental Shelf revenues Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) in clause (i)(II), by striking and after the semicolon; (2) in clause (ii)— (A) in the matter preceding subclause (I), by striking fiscal year 2017 and each fiscal year thereafter and inserting each of fiscal years 2017 through 2021 ; and (B) in subclause (III), by striking the period and inserting ; and ; and (3) by adding at the end the following: (iii) in the case of fiscal year 2022 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2021, from leases entered into on or after October 1, 2000, for— (I) the 181 Area; (II) the 181 South Area; and (III) the 2002–2007 planning area. . (b) Disposition of qualified outer Continental Shelf revenues (1) In general Section 105(a) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (A) in paragraph (1), by striking 50 and inserting 37.5 ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking 50 and inserting 62.5 ; (ii) in subparagraph (A), by striking 75 and inserting 80 ; and (iii) in subparagraph (B), by striking 25 and inserting 20 . (2) Limitations on amount of distributed qualified outer Continental Shelf revenues Section 105(f) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by adding and after the semicolon; (ii) in subparagraph (B), by striking ; and and inserting a period; and (iii) by striking subparagraph (C); and (B) in paragraph (2), by striking 2055 and inserting 2021 . (c) Exemption of certain payments from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after Payments to Social Security Trust Funds (28–0404–0–1–651). the following: Payments to States pursuant to section 105(a)(2)(A) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ; 43 U.S.C. 1331 note) (014–5535–0–2–302). . (2) Applicability The amendment made by this subsection shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3353is/xml/BILLS-117s3353is.xml |
117-s-3354 | II 117th CONGRESS 1st Session S. 3354 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Barrasso (for himself, Mr. Cramer , Mr. Hoeven , Mr. Rounds , Ms. Lummis , Ms. Smith , Mr. Daines , Mr. Thune , Mr. Tester , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes.
1. Delayed implementation of rule relating to importation of sheep and goats and products derived from sheep and goats (a) In general During the period beginning on the date of the enactment of this Act and ending on the date that is 1 year after the date on which the report is submitted under subsection (b), the Secretary of Agriculture, and any other Federal official, may not finalize, implement, administer, or enforce the proposed rule entitled Importation of Sheep, Goats, and Certain Other Ruminants (81 Fed. Reg. 46619) and dated July 18, 2016. (b) Study and report (1) Study (A) In general The Secretary of Agriculture shall conduct a study on the potential costs and benefits of the rule referred to in subsection (a). (B) Contents The study required by subparagraph (A) shall assess— (i) the estimated amount of sheep and goat meat imported into the United States as a result of the implementation of the rule referred to in subsection (a); (ii) the estimated increase in the number of live sheep and goats imported into the United States as a result of the rule; (iii) the estimated demand for sheep and goat meat in the United States during the 10-year period beginning on the date of the enactment of this Act, disaggregated by region and State; (iv) the impact of the COVID–19 pandemic on the economic data and market conditions for imports of sheep and goat meat and live sheep and goats; (v) the potential effects of the rule on— (I) the supply and prices of live sheep and goats in the United States; (II) producers of and markets for live sheep and goats in the United States, disaggregated by region and State; (III) export opportunities for United States producers of sheep and goat meat; (IV) the competitiveness of the sheep and goat industries in the United States; (V) consumer confidence in sheep and goat meat; (VI) the health of sheep and goat herds in the United States; and (VII) disease outbreaks across species of animals; (vi) the estimated amount of direct payments made by foreign countries to producers of live sheep and goats in such countries as a result of the implementation of the rule referred to in subsection (a); and (vii) any negative impacts that could result from the implementation of the rule referred to in subsection (a) not covered by clauses (i) through (vi). (2) Report (A) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the committees specified in subparagraph (B) a report that includes— (i) an analysis of the results of the study conducted under paragraph (1); and (ii) recommendations for changes to the rule referred to in subsection (a) to eliminate or mitigate any negative effects of the implementation of the rule. (B) Committees specified The committees specified in this subparagraph are— (i) the Committee on Agriculture, Nutrition, and Forestry, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Agriculture, the Committee on Foreign Affairs, and the Committee on Oversight and Reform of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3354is/xml/BILLS-117s3354is.xml |
117-s-3355 | II 117th CONGRESS 1st Session S. 3355 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under the Federal Water Pollution Control Act for dredging projects, and for other purposes.
1. Short title This Act may be cited as the Dredging to Ensure the Empowerment of Ports Act or the DEEP Act . 2. Definitions In this Act: (1) Certifying authority The term certifying authority , with respect to an activity for which a certification is required under section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) from a State or interstate water pollution control agency, means the State or interstate water pollution control agency, as applicable, from which the certification is requested. (2) Dredging project (A) In general The term dredging project means a project permitted or solicited by the Secretary that involves the dredging of a port or a navigation channel of a port within the navigable waters of the United States. (B) Dredging of ports For purposes of subparagraph (A), a dredging project that involves the dredging of a port includes dredging for the purposes of— (i) maintaining the port; (ii) expanding the port; or (iii) deepening the port up to a depth of 60 feet. (3) Navigable waters of the United States The term navigable waters of the United States has the meaning given the term in section 2101 of title 46, United States Code. (4) NWP The term NWP means the new nationwide permit required to be proposed by the Secretary under section 3(a). (5) Permittee The term permittee means an individual or entity that proposes an activity under section 3(c)(1) to be carried out under the NWP. (6) Secretary The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. 3. Dredging project nationwide permit (a) Proposal (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall propose a new nationwide permit under section 404(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(e) ) relating to Federal and non-Federal dredging projects within the navigable waters of the United States. (2) Requirement In proposing the NWP under paragraph (1), the Secretary shall require each Division Engineer to propose regional conditions for inclusion in the NWP. (b) Duration Notwithstanding section 404(e)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(e)(2) ), the NWP shall be valid for a term of not more than 10 years. (c) NEPA (1) In general In carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the issuing of the NWP, the Secretary or a cooperating agency, as applicable— (A) shall— (i) complete the requirements under that Act for the NWP not later than 2 years after the date on which the Secretary proposes the NWP under subsection (a); (ii) subject to paragraph (2), ensure that there is produced, with respect to the NWP, not more than 1— (I) environmental impact statement; (II) record of decision; and (III) if necessary, environmental assessment; and (iii) consider mitigation standards and metrics, including standards and metrics other than just compensation, to ensure that the impacts of the NWP on the environment are minimal; and (B) shall not consider— (i) an alternative or condition of the NWP if it is not technically or economically feasible to permittees; and (ii) an alternative to the NWP that is not within the jurisdiction of the Secretary or the cooperating agency, as applicable. (2) Division Engineers Each Division Engineer that proposes regional conditions for inclusion in the NWP under subsection (a)(2) may prepare not more than 1 environmental document required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Final NWP The Secretary shall issue the final NWP not later than 60 days after the date on which the Secretary completes the requirements with respect to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) under paragraph (1). (d) State or interstate water pollution control agency certifications (1) Certification required (A) In general If, in developing the NWP, the Secretary is required to seek a water quality certification from a certifying authority under section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ), the certifying authority shall, within a reasonable period of time (which shall not exceed 14 days) after the date on which the Secretary submits the certification application pursuant to that section, make a determination on whether or not the application submitted by the Secretary is complete. (B) No response If a certifying authority fails or refuses to make a determination with respect to a certification application submitted pursuant to subparagraph (A) within the timeframe referred to in that subparagraph, the certification shall be considered to be complete. (2) Incomplete application If a certifying authority determines that an application referred to in paragraph (1) is incomplete, the certifying authority shall, not later than 14 days after that determination, issue to the Secretary a detailed list of items required in order for an application to be considered complete. (3) Complete application (A) In general If a certifying authority determines that an application referred to in paragraph (1) is complete, the certifying authority shall, notwithstanding section 401(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1341(a)(1) ), act on the application within a reasonable period of time, which may not exceed 1 year from the date on which the certifying authority determines the application is complete. (B) No re-filing If a certifying authority determines that an application submitted by the Secretary is complete, the certifying authority may not require the Secretary to re-file an application for the same proposed activity. (e) Permits for dredged or filled material (1) In general In carrying out the requirements under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) with respect to activities carried out under the NWP, the Secretary shall only issue guidelines that are technologically and economically feasible for a permittee. (2) Certain disposal sites Notwithstanding section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ), the Administrator of the Environmental Protection Agency may consult with the Secretary on a defined disposal site or the application of guidelines, but may not— (A) prohibit the disposal site determination made by the Secretary; or (B) exercise any enforcement authority for a determination made by the Secretary, or against a permittee, in compliance with the NWP. (f) Grant of permission For purposes of the NWP, full compliance with section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) shall be deemed to be a grant of permission under section 14(a) of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425; 33 U.S.C. 408(a) ). (g) Rule of construction Nothing in this Act requires an additional permit under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ). 4. Proposed activities under the nationwide permit (a) Authorized activities (1) In general If a permittee seeks to carry out an activity authorized under the NWP, the permittee shall— (A) notify the Secretary of that proposed activity; and (B) seek approval, in writing, from the Secretary that the proposed activity complies with the NWP. (2) Decision Not later than 14 days after the date on which the Secretary receives a written notification from a permittee under paragraph (1), the Secretary shall notify the permittee whether or not the application of the permittee is complete. (3) Incomplete application If the Secretary determines that an application submitted by a permittee under paragraph (1) is incomplete, the Secretary shall, not later than 14 days after that determination, provide to the permittee a list of information missing from that application in order for the application to be considered complete. (4) Complete application (A) In general If the Secretary determines that an application submitted by a permittee under paragraph (1) is complete, the Secretary shall, not later than 30 days after that determination, approve or deny the proposed activity of the permittee. (B) Denied proposed activities If the Secretary denies the proposed activity of the permittee under subparagraph (A), the Secretary shall, not later than 14 days after that denial, provide to the permittee, in writing— (i) a list of reasons for that determination; and (ii) recommendations on how to improve the proposed activity to be in compliance with the NWP. (5) No response If the Secretary does not comply with a deadline described in paragraph (2), (3), or (4), or fails to respond to an application submitted by a permittee, the proposed activity of the permittee, as described in that application, shall be deemed in compliance with the NWP. (6) Mitigation flexibility In considering mitigation-specific requirements for a proposed activity for which approval is sought under subsection (a)(1), the Secretary, acting through the applicable Division Engineer, shall have the flexibility to determine which mitigation is needed with respect to the proposed activity, on the condition that each mitigation requirement is— (A) technically and economically feasible; and (B) within the jurisdiction of the Secretary, acting through the applicable Division Engineer, to require. (b) NEPA If a proposed activity for which approval is sought under subsection (a)(1) includes 1 or more activities that may likely have a significant effect on the quality of the human environment, as determined by the Secretary, the Secretary shall— (1) consider whether mitigating the circumstances or conditions of the proposed activity is sufficient to avoid the significant effects on the quality of the human environment that may result from that circumstance or condition of that proposed activity; and (2) if the Secretary determines under paragraph (1) that the significant effects that may likely result from the circumstance or condition of the proposed activity can be avoided, mitigate the circumstances or conditions of the proposed activity without— (A) denying the proposed activity; or (B) requiring the permittee to carry out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the proposed activity (or any portion of the proposed activity). (c) State or interstate water pollution control agency certifications (1) Certification required (A) In general If the NWP requires a permittee to request a water quality certification from a certifying authority under section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ), the certifying authority shall, within a reasonable period of time (which shall not exceed 14 days) after the date on which the permittee submits the certification application pursuant to that section, make a determination on whether or not the application submitted by the permittee is complete. (B) No response If a certifying authority fails or refuses to make a determination with respect to a certification application submitted pursuant to subparagraph (A) within the timeframe referred to in that subparagraph, the certification shall be considered to be complete. (2) Incomplete application If a certifying authority determines that an application referred to in paragraph (1) is incomplete, the certifying authority shall, not later than 14 days after that determination, issue to the permittee a detailed list of items required in order for an application to be considered complete. (3) Complete application (A) In general If a certifying authority determines that an application referred to in paragraph (1) is complete, the certifying authority shall, notwithstanding section 401(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1341(a)(1) ), act on the application within a reasonable period of time, which may not exceed 1 year from the date on which the certifying authority determines the application is complete. (B) No re-filing If a certifying authority determines that an application submitted by a permittee is complete, the certifying agency may not require the permittee to re-file an application for the same proposed activity. 5. Dredging; dredged material (a) Repeal (1) In general Section 55109 of title 46, United States Code, is repealed. (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55109. (b) Excluding dredged material from transportation requirements (1) In general Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material and inserting (excluding dredged material) ; and (B) by striking or dredged material and inserting (excluding dredged material) . (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material (excluding dredged material). . | https://www.govinfo.gov/content/pkg/BILLS-117s3355is/xml/BILLS-117s3355is.xml |
117-s-3356 | II 117th CONGRESS 1st Session S. 3356 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Merkley (for himself, Mr. Bennet , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Casey , Mr. Coons , Ms. Duckworth , Mr. Durbin , Mr. Heinrich , Mr. King , Ms. Klobuchar , Mr. Padilla , Ms. Rosen , Mrs. Shaheen , Ms. Smith , Mr. Van Hollen , 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 effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers.
1. Short title This Act may be cited as the Elementary and Secondary School Counseling Act . 2. Findings Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. (3) 50 percent of all lifetime cases of mental illness begin by age 14. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. (4) 70 percent of youth in State and local juvenile systems have a mental illness. (5) Youth with access to mental health services in school-based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain— (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. 3. Definitions In this Act: (1) ESEA Definitions The terms elementary school , local educational agency , secondary school , State , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) High-need school The term high-need school has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) ). (3) School-based mental health services provider The term school-based mental health services provider includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. (4) Secretary The term Secretary means the Secretary of Education. 4. Grants and subgrants (a) Program authorized (1) In general The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. (2) Duration A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. (b) Formula grants (1) In general (A) Formula From the total amount made available under section 5 for a fiscal year, the Secretary shall allot to each such State that submits a complete application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (B) Small state minimum No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (2) Matching requirements In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include, at a minimum— (1) a description of how the State educational agency will award subgrants to local educational agencies under subsection (d); (2) a description of how the State educational agency will disseminate, in a timely manner, information regarding the subgrants and the application process for such subgrants to local educational agencies; and (3) the ratios, as of the date of application, of students to school-based mental health services providers in each public elementary school and secondary school in the State, in the aggregate and disaggregated to include— (A) the ratios of students to school counselors, school psychologists, and school social workers; and (B) as applicable, the ratios of students to other school-based mental health services providers not described in subparagraph (A), in the aggregate and disaggregated by type of provider. (d) Subgrants (1) In general A State educational agency receiving a grant under this section shall use grant funds to award subgrants, on a competitive basis, to local educational agencies in the State, to enable the local educational agencies to— (A) employ school-based mental health services providers or contract with community mental health centers to work at high-need schools served by the local educational agency; and (B) work toward effectively staffing the high-need schools of the State with school-based mental health services providers, including by meeting the recommended maximum ratios of— (i) 250 students per school counselor; (ii) 500 students per school psychologist; and (iii) 250 students per school social worker. (2) Priority In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. (3) Application A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and subgrant requirements (1) Supplement, not supplant Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. (2) Combining funds allowed A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). (f) Reports (1) Local educational agencies A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (2) State A State educational agency receiving a grant under this section shall annually prepare and submit a report to the Secretary that— (A) evaluates the progress made in achieving the purposes of the grant; (B) includes the most recent student to provider ratios, in the aggregate and disaggregated as provided in subsection (c)(3), for public elementary schools and secondary schools in the State that were assisted under the grant under this section; and (C) describes any other resources needed to meet the required recommended maximum student to school-based mental health services provider ratios. (3) Public availability The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. 5. Authorization of appropriations In order to provide school-based mental health services providers in high-need schools in the States, there are authorized to be appropriated to carry out this Act— (1) $5,000,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s3356is/xml/BILLS-117s3356is.xml |
117-s-3357 | II 117th CONGRESS 1st Session S. 3357 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Booker (for himself, Mr. Portman , Mr. Hickenlooper , Ms. Collins , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To substantially restrict the use of animal testing for cosmetics.
1. Short title This Act may be cited as the Humane Cosmetics Act of 2021 . 2. Animal testing (a) Prohibition on animal testing Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful for any person, whether private or governmental, to knowingly conduct or contract for cosmetic animal testing that occurs in the United States. (b) Prohibition on sale or transport Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful to sell, offer for sale, or knowingly transport in interstate commerce in the United States any cosmetic product that was developed or manufactured using cosmetic animal testing that was conducted or contracted for by any person in the cosmetic product’s supply chain after such date. (c) Data use (1) In general No evidence derived from animal testing conducted after the effective date specified in subsection (a) may be relied upon to establish the safety of a cosmetic, cosmetic ingredient, or nonfunctional constituent under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), unless— (A) in the case of such testing on an ingredient or nonfunctional constituent, there is no non-animal alternative method or strategy recognized by any Federal agency, the Interagency Coordinating Committee on the Validation of Alternative Methods, or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for such ingredient or nonfunctional constituent; and (B) (i) such animal testing is subject to an exemption under paragraph (2) or (3) of subsection (d); or (ii) (I) such animal testing is subject to an exemption under paragraph (4) of subsection (d); (II) there is documented evidence of the non-cosmetic intent of the test; and (III) there is a history of use of the ingredient outside of cosmetics at least 1 year prior to the reliance on such data. (2) Limitation This section shall not be construed to prohibit any entity from reviewing, assessing, or retaining evidence generated from animal testing. (d) Exemptions Subsections (a) and (b) shall not apply with respect to animal testing— (1) conducted outside the United States in order to comply with a requirement from a foreign regulatory authority; (2) requested, required, or conducted by the Secretary, following— (A) a written finding by the Secretary that— (i) there is no non-animal alternative method or strategy recognized by any Federal agency, the Interagency Coordinating Committee on the Validation of Alternative Methods, or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; (ii) there is a reasonable probability that the ingredient or nonfunctional constituent poses a specific and serious adverse human health risk and the need to conduct an animal test is justified and supported by a detailed research protocol that is proposed for the basis for evaluation of the cosmetic ingredient or nonfunctional constituent; and (iii) the cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function; (B) publication by the Secretary, on the website of the Food and Drug Administration, of the written finding under subparagraph (A) together with a notice that the Secretary intends to request, require, or conduct new animal testing, and providing a period of not less than 60 calendar days for public comment; and (C) a written determination by the Secretary, after review of all public comments received pursuant to subparagraph (B), that no previously generated data that could be substituted for, or otherwise determined sufficient to replace, the data expected to be produced through new animal testing is available for review by the Secretary; (3) conducted for any product or ingredient that is subject to regulation under chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ); or (4) conducted for non-cosmetic purposes pursuant to a requirement of a Federal, State, or foreign regulatory authority. (e) Rule of construction With the exception of records or other information demonstrating compliance with subsection (c)(1)(B)(ii), nothing in this section shall be construed to authorize the Secretary to impose any new recordkeeping requirements relating to cosmetic animal testing. (f) Civil penalties (1) In general In addition to any other penalties under applicable law, any person who violates this section may be subject to a civil penalty in an amount of not more than $10,000 for each such violation, as determined by the Secretary. (2) Multiple violations Each violation of this section with respect to a separate animal, and each day that a violation of this Act continues, constitutes a separate offense. (g) Records access (1) In general The Secretary may request any records or other information from a cosmetic manufacturer that such manufacturer relied upon to meet the criteria in subsection (c)(1)(B)(ii). Such manufacturer shall, upon such request of the Secretary in writing, provide to the Secretary such records or other information, within a reasonable timeframe, within reasonable limits, and in a reasonable manner, and in either electronic or physical form, at the expense of such manufacturer. The Secretary’s request shall include a sufficient description of the records requested and reference this subsection. (2) Confirmation of receipt Upon receipt of the records requested under paragraph (1), the Secretary shall provide to the manufacturer confirmation of receipt. (3) Inspection authority Nothing in this subsection supplants the authority of the Secretary to conduct inspections otherwise permitted under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (h) State authority No State or political subdivision of a State may establish or continue in effect any prohibition relating to cosmetic animal testing, or to the regulation of data use, labeling, and packaging related to animal testing, that is not identical to the prohibitions set forth in subsections (a), (b), (c), and (j) and that does not include the exemptions contained in subsections (c), (d), and (j). No State or political subdivision of a State may require any entity to perform cosmetic animal testing that is not permitted by subsection (a). (i) FDA strategic plan for non-Animal test methods (1) Scientific innovation To promote the development of, and provide for expedited review and acceptance of, new scientifically valid test methods and strategies that are not based on vertebrate animals, the Secretary shall— (A) not later than 1 year after the date of enactment of this Act, develop and publish on the website of the Food and Drug Administration a strategic plan to promote the development and implementation of alternative test methods and strategies to replace vertebrate animal testing for assessing the safety of cosmetics; (B) provide a period of not less than 60 calendar days for public comment regarding such strategic plan; (C) include in the strategic plan developed under subparagraph (A) a list (which the Secretary shall update on a regular basis, and which shall be for informational purposes and shall not be deemed to constitute a list of the only acceptable non-animal test methods) of— (i) scientifically reliable and relevant non-animal test methodology as alternatives to animal testing that have been recognized by any Federal agency or an international regulatory agency; (ii) next generation risk assessment methods; and (iii) examples of alternative methods and strategies that have been accepted by the Secretary; and (D) to the maximum extent practicable given available resources, prioritize and carry out performance assessment, validation, and translational studies to accelerate the development of scientifically valid test methods and strategies that replace the use of vertebrate animals. (2) Public meetings (A) Initial meeting Not later than 90 days after the date of enactment of this Act, the Secretary shall convene a public meeting regarding the strategic plan described in paragraph (1)(A). (B) Subsequent annual meetings Not later than 1 year after the date of the public meeting under subparagraph (A), and annually thereafter, the Secretary shall convene a separate public meeting or add as an agenda item to an already existing meeting, in-person or virtually, to inform the Secretary’s advancement of alternative test methods and strategies to replace vertebrate animal testing for assessing the safety of cosmetics. The Secretary shall include in such meetings scientific and academic experts, animal and consumer advocacy groups, and the regulated industry. (3) Rule of construction Nothing in this subsection shall be construed to limit the authority of the Secretary to address other tools to promote the development and implementation of alternative test methods and strategies to replace vertebrate animal testing for assessing the safety of cosmetics as part of the strategic plan described in paragraph (1)(A). (j) Consumer information related to animal testing (1) In general A cosmetic product manufacturer shall not include on the label of a cosmetic product or any of the product's containers or wrappers a claim that such cosmetic product was not tested on animals, including any claim or logo of cruelty free if— (A) such cosmetic product or any ingredient or nonfunctional constituent contained in such cosmetic product was tested on an animal after the effective date specified in subsection (a); and (B) (i) the testing was conducted by or contracted for by the cosmetic product manufacturer or another person in the supply chain at the direction or request of the cosmetic product manufacturer; or (ii) the cosmetic product manufacturer relied upon evidence from such testing, pursuant to subsection (c)(1)(B)(ii), to establish the safety of such product, ingredient, or nonfunctional constituent under chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ). (2) Exceptions Notwithstanding paragraph (1), a cosmetic product manufacturer may include a claim described in such paragraph on the label of a cosmetic product described in such paragraph or any of the product's containers or wrappers if— (A) such testing qualifies for the exemption under subsection (d)(4); and (B) (i) in the case of animal testing conducted by or contracted for by the cosmetic product manufacturer or another person in the supply chain at the direction or request of the cosmetic product manufacturer, the cosmetic manufacturer did not rely upon evidence from such testing for the purpose of establishing the safety of the product, ingredient, or nonfunctional constituent under chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ); or (ii) in the case of animal testing conducted by or contracted for by a person that is not described in clause (i), evidence from which the cosmetic product manufacturer relied upon, pursuant to subsection (c)(1)(B)(ii), to establish the safety of such product, ingredient, or nonfunctional constituent under chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), the cosmetic product manufacturer includes on the label a disclosure describing the circumstances surrounding the use of the exemption under subsection (c)(1)(B)(ii) by such manufacturer that includes a reference to the specific Federal, State, or foreign requirement under which the animal testing was conducted or a reference to a publicly available internet website of such manufacturer that provides such disclosure. (k) Report Beginning 2 years after the date of enactment of this Act, the Secretary shall biennially 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 website of the Food and Drug Administration, a report that includes, with respect to the previous 2 fiscal years— (1) updates on the Secretary’s implementation of this section, including developments implementing the strategic plan under subsection (i)(1)(A); (2) the number of times the Secretary requested animal test data under subsection (d)(2), the ingredients involved, and the animal tests performed; and (3) based on the data reviewed by the Secretary under subsection (g)(1), the number of times manufacturers relied upon data pursuant to the exemption under subsection (d)(4) to establish the safety of a cosmetic under chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ). (l) Definitions (1) Cosmetic The term cosmetic has the meaning given such term in section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) ). (2) Cosmetic animal testing The term cosmetic animal testing means the internal or external application or exposure of any cosmetic product, or any cosmetic ingredient or nonfunctional constituent, to the skin, eyes, or other body part (organ or extremity) of a live non-human vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic product or a cosmetic ingredient or nonfunctional constituent for use in a cosmetic product. (3) Label The term label has the meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(k) ). (4) Nonfunctional constituent The term nonfunctional constituent means any incidental ingredient as defined in section 701.3(l) of title 21, Code of Federal Regulations, on the date of enactment of this section. (5) Secretary The term Secretary means the Secretary of Health and Human Services. | https://www.govinfo.gov/content/pkg/BILLS-117s3357is/xml/BILLS-117s3357is.xml |
117-s-3358 | II 117th CONGRESS 1st Session S. 3358 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Manchin (for himself, Mrs. Capito , Mrs. Hyde-Smith , Mr. Romney , Mr. Cotton , Mrs. Blackburn , Mr. Tester , Mr. Cruz , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To authorize the use of the rotunda of the Capitol for the lying in state of the remains of the last Medal of Honor recipient of World War II, in order to honor the Greatest Generation and the more than 16,000,000 men and women who served in the Armed Forces of the United States from 1941 to 1945.
1. Honoring Hershel Woodrow Woody Williams as the last surviving Medal of Honor recipient of World War II (a) Use of rotunda Upon his death, Hershel Woodrow Woody Williams, who is the last surviving recipient of the Medal of Honor for acts performed during World War II, shall be permitted to lie in state in the rotunda of the United States Capitol if he or his next of kin so elects. (b) Implementation The Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take the necessary steps to implement subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3358is/xml/BILLS-117s3358is.xml |
117-s-3359 | II 117th CONGRESS 1st Session S. 3359 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Casey (for himself, Mr. Booker , Mr. Kaine , 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 award grants to States to support efforts at institutions of higher education to increase degree attainment, and for other purposes.
1. Short title This Act may be cited as the Correctly Recognizing Educational Achievements To Empower Graduates Act or the CREATE Graduates Act . 2. Create graduates Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. ) is amended by inserting after part B the following: C Create graduates 751. Purpose The purpose of this part is to award grants to States to support efforts at institutions of higher education or within systems of higher education to increase postsecondary degree attainment by— (1) locating, and conferring degrees to, students who have accumulated sufficient applicable postsecondary credits and maintained a sufficient grade point average to earn an associate degree but did not receive one; (2) providing outreach to those students who are within 12 credits of earning an associate degree; and (3) establishing partnerships between 2-year and 4-year institutions of higher education in States, in order to strengthen the transition pathways into 4-year institutions of higher education for transfer students. 752. Grants to increase degree attainment (a) Definition of institution of higher education In this part, the term institution of higher education has the meaning given the term in section 101(a). (b) Program authorized (1) In general From amounts appropriated under subsection (j), the Secretary shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsections (e) and (f) in order to support efforts at institutions of higher education to increase degree attainment. (2) Partnerships allowed A State may apply for a grant under this section in partnership with a nonprofit organization. In any such partnership, the State higher education agency or other State agency described in subsection (c)(1) shall serve as the fiscal agent for purposes of the grant. (c) Submission and contents of application (1) In general The State, acting through the State higher education agency or other State agency determined appropriate by the Governor or chief executive officer of the State, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) A description of the State's capacity to administer the grant under this section and report annually to the Secretary on the progress of the activities and services described in subsection (e). (B) A description of how the State will meet the purposes of the grant program under this part through outreach and memoranda of understanding with institutions of higher education, including the State's plan for using grant funds to meet the requirements of subsections (e) and (g) and, if the State elects to use grant funds under such subsection to create strong articulation agreements, subsection (f)(2). (C) A description of how the State will coordinate with appropriate stakeholders, including institutions of higher education, data-sharing agencies within the State, and other States. (D) A description of— (i) the structure that the State has in place to administer the activities and services described in subsection (e), including— (I) the capacity of the State's longitudinal data system to— (aa) be clean of record duplication and ensure alignment of State and institutional credit completion records; (bb) include transfer flags and course and credit data to allow the State to run initial degree audits for institutions; (cc) include all institutions of higher education in the State; and (dd) have in place mechanisms to share data across institutions, systems, and States; (II) the capacity of the agency governing the State's longitudinal system to respond to data requests accurately and in a timely manner; and (III) the State's plan to protect student privacy with respect to data in the State longitudinal data system and comply with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); or (ii) the State's plan to develop such administrative capacity as part of the activities carried out under the grant. (d) Award basis and priority The Secretary shall award grants under this section to States based on the quality of the applications submitted under subsection (c). In awarding grants under this section, the Secretary shall give priority to applications from States— (1) that do not have, as of the time of the application, statewide policies or statewide initiatives in place to retroactively award associate degrees to students; or (2) that have a commitment to initiatives regarding the retroactive awarding of associate degrees that will continue after the period of the grant. (e) Mandatory use of funds (1) Subgrants A State that receives a grant under this section shall use not less than 80 percent of the grant funds provided to award subgrants, on a competitive basis, to institutions of higher education or systems of higher education. Each institution of higher education or system of higher education receiving a subgrant shall carry out all of the following activities and services, pursuant to the conditions under subsection (g): (A) Identify the group of students enrolled at the institution of higher education on the date of the identification and former students who were enrolled at the institution of higher education, or at the institutions of higher education within the system of higher education, as the case may be, that, based on the data held by the institution or system, meet both of the following requirements: (i) Each individual had completed, or is expected to complete by the end of the semester, trimester, or quarter, not less than 45 postsecondary credit hours (or the minimum required by the State to earn an associate degree)— (I) in the case of former students who were enrolled at the institution of higher education or at the institutions of higher education within the system of higher education, as the case may be, at the institution or institutions; and (II) in the case of students enrolled at the institution of higher education or at the institutions of higher education within the system of higher education, as the case may be, on the date of the identification, at another institution of higher education. (ii) Each individual has not had any postsecondary degree or certificate, at the associate degree level or higher, issued to the student by an institution of higher education. (B) Perform a degree audit on each student described in subparagraph (A), and identify each such student as one of the following: (i) Eligible to obtain an associate degree. (ii) Eligible to obtain an associate degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). (iii) Not eligible under either clause (i) or (ii). (C) Provide outreach to each student identified in subparagraph (B)(i), and award the earned associate degree to such student, unless such student declines through a written or oral declaration. (D) Provide outreach to each student identified in subparagraph (B)(ii) that includes information regarding next steps toward degree attainment, including financial aid options. (2) Application process An institution of higher education or system of higher education desiring a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include a written commitment from the institution or system that, if the institution or system receives a grant, the institution or system will carry out all of the activities described in paragraph (1). (3) Priority Each State awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that— (A) have up-to-date degree audit software or systems to increase automation of degree audits and transcript exchange, or a plan to invest and develop such software or systems; (B) if such policy is permissible under applicable accreditation or State standards, use a policy that awards associate degrees to any candidate identified in paragraph (1)(B)(i) and provides candidates with a process to opt out of such award program; (C) waive nonacademic barriers to graduation, such as an application, swimming test, library fine, transcript exchange fee, graduation fee, parking ticket, or any other nominal fee; (D) waive or amend residency and recency requirements to prevent earned credits from expiring, if such action is permissible under accreditation or State standards; (E) provide students with tuition waivers, reduced tuition, or prior learning assessments for those who need to earn remaining credits; and (F) agree that, after the conclusion of the activities described in paragraph (1) and continuing after the end of the grant period, the institution or system will— (i) conduct degree audits for all enrolled students once the students enroll in 45 postsecondary credit hours; and (ii) provide information about graduation deadlines to remind students of relevant requirements at least 4 months before the students graduate and again 1 month before graduation. (f) Permissive use of funds A State receiving a grant under this section may use— (1) not more than 15 percent of the total amount received under this section for administrative purposes relating to the grant under this section, including technology needed to carry out the purposes of this part; and (2) not more than 5 percent of the total amount received under this section to create articulation agreements between 2-year and 4-year institutions of higher education, in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students. (g) Special conditions and prohibitions (1) Availability to students A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section. (2) Prohibited uses A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not use any grant or subgrant funds for tuition, fees, room and board, or any other purpose outside the goals of the grant. (3) FERPA requirements Each State, institution of higher education, or system of higher education receiving a grant or subgrant, respectively, under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant, shall ensure that the outside entity complies with all requirements of section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ) that would apply to the State, institution, or system. (4) Coordination A State receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the State that are similar to the goals of this program, and with any other entities that support the existing activities in the State, with the goal of minimizing duplication. (h) Report (1) In general A State receiving a grant under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include, for each institution of higher education or system of higher education receiving a subgrant, the following information: (A) The number of students who were first identified in the group described in subsection (e)(1)(A)(i). (B) The number of students who were removed from such group because the students had received a degree elsewhere, in accordance with subsection (e)(1)(A)(ii). (C) The number of degree audits performed under subsection (e)(1)(B). (D) The number of students identified under subsection (e)(1)(B)(i) as eligible to obtain an associate degree. (E) The number of students identified under subsection (e)(1)(B)(ii) as eligible to obtain an associate degree upon the completion of 12 or fewer credits. (F) The number of students identified under subsection (e)(1)(B)(iii) as ineligible to obtain an associate degree and ineligible to obtain such a degree upon the completion of 12 or fewer credits. (G) The number of students awarded an associate degree under subsection (e)(1)(C). (H) The number of students identified in subsection (e)(1)(B)(ii) who are returning to an institution of higher education after receiving outreach described in subsection (e)(1)(D). (I) The average amount of credit hours previously earned by students described in subsection (e)(1)(B)(i) when the associate degrees are awarded. (J) The number of students who received outreach described in subsection (e)(1)(C) and who decline to receive the associate degree. (K) The number of students who could not be located or reached as part of the process. (L) The reasons why students identified in subsection (e)(1)(B)(ii) did not return to an institution of higher education to receive a degree. (M) Details of any policy changes implemented as a result of implementing this program and conducting the required degree audits. (2) Disaggregation The report shall include the information described in subparagraphs (A) through (L) of paragraph (1) in the aggregate and disaggregated by age, gender, race or ethnicity, status as an individual with a disability, and socioeconomic status (including status as a Federal Pell Grant recipient), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (i) Enforcement provisions (1) Recovery or withholding The Secretary may, after notice and an opportunity for a hearing in accordance with chapter 5 of title 5, United States Code— (A) withhold funds provided under a grant or subgrant under this section if a State or institution of higher education is failing to comply substantially with the requirements of this section; or (B) take actions to recover funds provided under a grant or subgrant under this section, if the State or institution made an unallowable expense, or otherwise failed to discharge its responsibility to properly account for funds. (2) Use of recovered or unused funds Any funds recovered or withheld under paragraph (1) shall— (A) be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section; and (B) remain available until expended for any purpose of that account authorized by law that relates to the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2022 and each of the 2 subsequent fiscal years. . 3. Release of education records to facilitate the award of a recognized postsecondary credential Section 444(b) of the General Education Provisions Act ( 20 U.S.C. 1232g(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (K)(ii), by striking ; and and inserting a semicolon; and (B) in subparagraph (L), by striking the period at the end and inserting ; and ; and (2) by inserting after subparagraph (L) the following: (M) an institution of postsecondary education in which the student was previously enrolled, to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential (as that term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), upon condition that the student provides written consent prior to receiving such credential. . | https://www.govinfo.gov/content/pkg/BILLS-117s3359is/xml/BILLS-117s3359is.xml |
117-s-3360 | II 117th CONGRESS 1st Session S. 3360 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Reed (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize title II of the Higher Education Act of 1965, and for other purposes.
1. Short title This Act may be cited as the EDUCATORS for America Act . 2. Findings Congress finds the following: (1) Despite an increased need for prekindergarten through grade 12 teachers, the number of students completing bachelor’s degrees in education has been in decline over the last 2 decades. (2) Pay is by far the reason that undergraduates cite most often for not pursuing teaching as a career. Pay was named as such a reason by 72 percent of respondents in a large 2018 survey of prospective college students. (3) Because they earn less than other bachelor’s degree recipients, teachers face particular challenges repaying student loans. Estimated payments on the average amount education graduates have borrowed is equivalent to 9 percent of the average starting teacher salary, well in excess of the 7 percent threshold recommended by economists as affordable for borrowers at that income level. (4) The number of students earning undergraduate and graduate degrees in the high-demand specialties of mathematics, science, and foreign language education are in decline and the numbers earning degrees in special education and teaching English as a second language are insufficient to meet demand in many localities. (5) Prior to COVID–19, the number of institutions offering degrees in education was stable, but the number with small programs was on the rise. One-third of the 1,500 institutions that award bachelor’s and master’s degrees in education granted 30 or fewer such degrees in 2019. (6) An October 2020 survey of American Association of Colleges for Teacher Education members, which includes 700 schools, colleges, and departments of education at public and private 4-year colleges and universities, revealed that nearly 60 percent have experienced a decline in undergraduate enrollment due to COVID–19, 83 percent have had budget cuts, and half have reduced staffing. The Association predicts that, absent additional support, a sizable number of educator preparation programs will close, eliminating needed capacity to produce the profession-ready teachers that the Nation needs. (7) A 2015 Government Accountability Office analysis showed that only 19 percent of students who were eligible for the Federal Teacher Education Assistance for College and Higher Education Grant program (referred to as TEACH Grants ) in the 2013–2014 academic year utilized this program, yet the cost of college remains a barrier for many students who seek to become teachers. Institutions like the University of Northern Iowa have successfully utilized TEACH Grants for 57 percent of its TEACH Grant-eligible teacher candidates, with over one thousand moving into teaching positions in high-need fields in high-need schools. (8) Only 22 percent of educators feel they are very prepared to teach social and emotional learning in classrooms, and 51 percent report that the level of social and emotional learning professional development offered at their school is not sufficient. (9) Our Nation’s schools are experiencing a severe diversity gap that negatively impacts student achievement and school culture. Fifty percent of current students are from minority groups while only 18 percent of teachers are from such groups, according to a 2016 study by the Brookings Institution. (10) A 2016 report conducted by the Department of Education shows that teachers of color tend to provide more culturally relevant teaching and better understand the situations that students of color may face. These factors help develop trusting teacher-student relationships. Researchers from Vanderbilt University also found that greater racial and ethnic diversity among school principals benefits students, especially students of color. (11) Research shows that increasing diversity in the teaching profession can have positive impacts on student educational experiences and outcomes. Students of color demonstrate greater academic achievement and social-emotional development in classes with teachers of color. Studies also suggest that all students, including White students, benefit from having teachers of color because they bring distinctive knowledge, experiences, and role modeling to the student body as a whole. (12) Effective school leadership is second only to direct classroom instruction among school-based factors in raising student achievement, and principal impact is greatest in low-achieving, high-poverty, and minority schools. (13) Principals improve teaching and learning through their ability— (A) to shape a vision of academic success for all students; (B) to create a safe and supportive school climate; (C) to cultivate leadership among teachers and other school staff; (D) to improve instruction; and (E) to manage people, data, and processes to foster school improvement. (14) Recent research from the Wallace Foundation on principals’ impact on students and schools notes that it is difficult to envision a higher return on investment in kindergarten through grade 12 education than the cultivation of high-quality school leadership. (15) In the 2015–2016 school year, only 22 percent of public school principals were individuals of color, including 11 percent who identified as Black and 8 percent who identified as Hispanic. (16) Minority teachers, school leaders, and other educators can also serve as cultural ambassadors who help students feel more welcome at school or as role models. 3. Educator Quality Enhancement Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended to read as follows: II Educator quality enhancement 200. Purposes; Definitions (a) Purposes The purposes of this title are to— (1) build the capacity of educator preparation programs to ensure that all students have access to diverse, profession-ready educators; (2) provide incentives to individuals to enroll in and complete high-quality educator preparation programs in high-need fields at the baccalaureate or graduate levels at institutions of higher education, particularly to individuals who belong to groups that are currently underrepresented in the education profession; (3) authorize investments in higher education educator preparation programs along with critical State and local partners to support and expand promising and successful practices; and (4) create mechanisms to integrate innovations in the preparation of profession-ready educators to meet the ever changing needs of students and schools. (b) Definitions In this title: (1) Arts and sciences The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. (2) Certification or licensure The term certification or licensure means State requirements for certification or licensure to teach in that State, and may include the following: (A) A regular or standard State certificate or advanced professional certificate. (B) A probationary certificate. (C) A temporary or provisional certificate. (D) A waiver or emergency certificate. (3) Children from low-income families The term children from low-income families means children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. (4) Early childhood educator The term early childhood educator means an individual with primary responsibility for the education of children in an early childhood education program. (5) Early childhood education program The term early childhood education program means a public education program serving children from birth through age 8, and may include a Head Start program or an Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding or a public preschool program. (6) Educational service agency The term educational service agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (7) Educator The term educator means a teacher, principal, school leader, specialized instructional support personnel, or other staff member who provides or directly supports instruction, such as a school librarian, or counselor. (8) Educator preparation program The term educator preparation program means a program that leads to a regular or standard State certificate or advanced professional certificate for an educator. (9) Eligible partnership The term eligible partnership means an entity that— (A) includes— (i) a high-need local educational agency; (ii) (I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or (II) as appropriate, a high-need early childhood education program; (iii) a partner institution; and (iv) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with demonstrated outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; and (B) may include any of the following: (i) The Governor of the State. (ii) The State educational agency. (iii) The State board of education. (iv) The State agency for higher education. (v) A business. (vi) A public or private nonprofit educational organization. (vii) An educational service agency. (viii) A teacher organization. (ix) A school leader organization. (x) An organization representing specialized instructional support personnel. (xi) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. (xii) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965). (xiii) A school or department of arts and sciences within the partner institution. (xiv) A school or department within the partner institution that focuses on psychology and human development. (xv) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development. (xvi) A public or nonprofit entity operating a program that provides alternative routes to State certification of teachers. (10) English learner The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (11) Evidence-based The term evidence-based has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (12) Evidence of student learning The term evidence of student learning means multiple measures of student learning that include the following: (A) Valid and reliable student assessment data, which may include data— (i) based on— (I) student learning gains on State student academic assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; or (II) student academic achievement assessments used at the national, State, or local educational agency level, where available and appropriate for the curriculum and students taught; (ii) from classroom-based formative assessments; (iii) from classroom-based summative assessments; and (iv) from objective performance-based assessments. (B) Not less than one of the following additional measures: (i) Student work, including measures of performance criteria and evidence of student growth. (ii) Teacher-generated information about student goals and growth. (iii) Parent or caregiver feedback about student goals and growth. (iv) Student feedback about learning and teaching supports. (v) Assessments of effective engagement and self-efficacy. (vi) Other appropriate measures, as determined by the State. (13) High-need early childhood education program The term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency. (14) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965 or the Rural and Low-Income School Program under section 5221(b) of such Act; or (iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and (B) (i) for which a majority of schools are identified for comprehensive support and improvement under section 1111(c)(4)(D) of the Elementary and Secondary Education Act of 1965, targeted support and improvement under section 1111(d)(2) of the Elementary and Secondary Education Act of 1965, or additional targeted support under section 1111(d)(2)(C) of the Elementary and Secondary Education Act of 1965; (ii) for which 1 or more schools served by the agency has a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure; or (iii) for which there is a high percentage of positions in State-identified areas of teacher or school leader shortage, including in special education, English language instruction, science, technology, engineering, mathematics, and career and technical education. (15) High-need school (A) In general The term high-need school means a school that, based on the most recent data available, meets one or both of the following: (i) The school is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: (I) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. (II) The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act. (III) The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security Act. (IV) The percentage of students eligible to receive medical assistance under the Medicaid program. (V) A composite of two or more of the measures described in subclauses (I) through (IV). (ii) In the case of— (I) an elementary school, the school serves students not less than 60 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; or (II) any other school that is not an elementary school, the other school serves students not less than 45 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act. (B) Special rule (i) Designation by the secretary The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership. (ii) Application requirements An application for designation of a school under clause (i) shall include— (I) the number and percentage of students attending such school who are— (aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary; (bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; (cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or (dd) eligible to receive medical assistance under the Medicaid program; (II) information about the student academic achievement of students at such school; and (III) for a secondary school, the graduation rate for such school. (16) Induction program The term induction program means a formalized program for new educators during not less than the educators’ first 2 years in the profession that is designed to provide support for, and improve the professional performance and advance the retention in the field of, beginning educators. Such program shall promote effective teaching skills, instructional leadership skills, and profession-readiness for educators and shall include the following components: (A) High-quality mentoring. (B) Periodic, structured time for collaboration with educators in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner institution. (C) The application of evidence-based practice on instructional practices. (D) Opportunities for new educators to draw directly on the expertise of mentors, faculty, and researchers to support the integration of evidence-based practice and research with practice. (E) The development of skills in instructional and behavioral interventions derived from evidence-based practice and, where applicable, research. (F) Faculty who— (i) model the integration of research and practice in instruction; (ii) model personalized instruction; and (iii) assist new educators with the effective use and integration of technology in instruction. (G) Interdisciplinary collaboration among exemplary educators, faculty, researchers, and other staff who prepare new educators with respect to the learning process and the assessment of learning. (H) Assistance with the understanding of evidence of student learning and the applicability of such evidence in classroom instruction. (I) The development of skills to implement and support evidence-based practices that create a positive and inclusive school culture and climate. (J) Regular and structured observation and evaluation of new educators by multiple evaluators, using valid and reliable measures of teaching skills, instructional leadership skills, and profession-readiness. (17) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a). (18) Parent The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (19) Partner institution The term partner institution means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, participating in an eligible partnership that has a teacher preparation program that— (A) has a record of preparing profession-ready educators; (B) is approved by the State to offer an educator preparation program; and (C) is not low-performing, as determined by the State. (20) Professional development The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (21) Profession-ready The term profession-ready — (A) when used with respect to a principal, means a principal who— (i) has an advanced degree, or other appropriate credential; (ii) has completed a principal preparation process and is fully certified and licensed by the State in which the principal is employed; (iii) has demonstrated instructional leadership, including the ability to collect, analyze, and use data on evidence of student learning and evidence of classroom practice; (iv) has demonstrated proficiency in professionally recognized leadership standards, such as through— (I) a performance assessment; (II) completion of a residency program; or (III) other measures of leadership, as determined by the State; (v) has demonstrated the ability to work with students who are culturally and linguistically diverse; (vi) has demonstrated skill as an instructional leader; and (vii) has demonstrated proficiency in the use of instructional technology, assistive technology, and the application of technology to create equity and access for all students; (B) when used with respect to a teacher, means a teacher who— (i) has completed a teacher preparation program and has a certification or licensure described in paragraph (2)(A) for the State in which the teacher teaches; (ii) has demonstrated content knowledge in the subject or subjects the teacher teaches; (iii) has demonstrated the ability to work with students who are culturally and linguistically diverse; and (iv) has demonstrated teaching skills, such as through— (I) a teacher performance assessment; or (II) other measures of teaching skills, as determined by the State; and (C) when used with respect to any other educator not described in subparagraphs (A) or (B), means an educator who has completed an appropriate preparation program and has a certification or licensure described in paragraph (2)(A) for the State in which the educator is employed. (22) School leader residency program The term school leader residency program has the meaning given that term in section 2002 of the Elementary and Secondary Education Act of 1965. (23) Social and emotional learning The term social and emotional learning means the process through which all young people and adults acquire and apply the knowledge, skills, and attitudes to develop healthy identities, manage emotions, achieve personal and collective goals, empathize with others, establish and maintain supportive relationships, and make responsible and caring decisions. (24) Specialized instructional support personnel The term specialized instructional support personnel has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (25) Teacher mentoring The term teacher mentoring means the mentoring of new or prospective teachers through a program that— (A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness; (B) provides evidence-based training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports and social and emotional learning); (C) provides regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership; (D) provides paid release time for mentors, as applicable; (E) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee; (F) promotes evidence-based research on— (i) teaching and learning; (ii) assessment of student learning; (iii) the development of teaching skills through the use of instructional and behavioral interventions; and (iv) the improvement of the mentees' capacity to measurably advance student learning; (G) integrates technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning and technology to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes; and (H) includes— (i) common planning time or regularly scheduled collaboration for the mentor and mentee; and (ii) joint professional development opportunities. (26) Teacher residency program The term teacher residency program has the meaning given that term in section 2002 of the Elementary and Secondary Education Act of 1965. (27) Teaching skills The term teaching skills means skills that enable a teacher to— (A) increase student learning, achievement, and the ability to apply knowledge; (B) convey and explain academic subject matter; (C) teach higher-order analytical, evaluation, problem-solving, and communication skills; (D) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on evidence, practice, and research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; and (iii) focus on the identification of students' specific learning needs, particularly students with disabilities, students who are English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; (E) design and conduct an ongoing assessment of evidence of student learning, which may include the use of formative or diagnostic assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation) and use this information to inform and personalize instruction; (F) support the social, emotional, and academic achievement of all students, including by effectively creating an inclusive classroom environment, and implementing positive behavioral interventions, trauma-informed care, and other support strategies that enhance student motivation and engagement; (G) incorporate the principles of universal design for learning; (H) integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning and technology to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes; (I) communicate and work with parents, and involve parents in their children's education; and (J) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs. (28) Teacher performance assessment The term teacher performance assessment means a pre-service assessment used to measure teacher performance that is approved by the State and is— (A) based on professional teaching standards; (B) used to measure the effectiveness of a teacher's— (i) curriculum planning; (ii) instruction of students, including appropriate plans and modifications for students who are English learners and students who are children with disabilities; (iii) assessment of students, including analysis of evidence of student learning; and (iv) ability to advance student learning; (C) validated based on professional assessment standards; (D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and (E) used to support continuous improvement of educator practice. (29) Teacher preparation entity The term teacher preparation entity means an institution of higher education, a nonprofit organization, or an organization that is approved by the State to prepare teachers to be effective in the classroom. (30) Teacher preparation program The term teacher preparation program means a program offered by a teacher preparation entity that leads to a specific State teacher certification. A Grants to States for strengthening educator preparation 201. Allotments to States (a) Program authorized (1) Reservation of Funds From the total amount appropriated to carry out this part for a fiscal year, the Secretary shall reserve— (A) one-half of 1 percent for allotments for the outlying areas (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) to carry out this part, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (B) one-half of 1 percent for the Secretary of the Interior to carry out this part for schools operated or funded by the Bureau of Indian Education. (2) Formula From amounts made available to carry out this part and not reserved under paragraph (1), the Secretary shall allot funds to each State having an approved application under this section to carry out this part in proportion to each such State’s share of funding under part A of title I of the Elementary and Secondary Education Act of 1965, except that no State shall receive less than 0.5 percent of the amounts made available to carry out this paragraph. (3) State Notwithstanding section 103, in this section the term State means the several States of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. (4) Uses of funds (A) Development of the strategic plan Each State may use an amount equal to not more than 30 percent of the amount allotted to the State, for a period not to exceed 1 year, to carry out activities related to the development of the strategic plan, as described in subsection (c). (B) Subsequent years For each year following the first year after receiving an allotment under this section, the State— (i) shall use not less than 95 percent of the amount allotted to the State under this section to carry out activities described in subsection (d); and (ii) may use not more than 5 percent of the amounts allotted to the State under this section for administration and accountability and reporting requirements. (b) Application Each State desiring an allotment under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain— (1) the identification of a State agency to lead the grant, which shall be determined by the Governor in consultation with the State educational agency; (2) a description of the certification or licensing requirements with respect to each form of certification or licensure described in section 200(b)(2) for early childhood, elementary school, and secondary school teachers in the State at the time of the application; (3) a description of the certification or licensing requirements with respect to each form of certification or licensure described in section 200(b)(2) for specialized instructional support personnel; (4) a description of the State authorization requirements for teacher preparation programs (including alternate and traditional routes to certification) and the number of teacher preparation programs authorized in the State (including alternative and traditional routes to certification); (5) a description of the teacher preparation needs assessment that the State will conduct, including how the State will assess— (A) teacher workforce needs for public preschool, elementary, and secondary schools in the State; (B) the number and percentage of teachers of record who are not profession-ready as described in section 200(b)(20)(B); (C) the demographics of the student population and the demographics of the educator workforce, and the extent to which the educator workforce reflects the demographics of the student population; (D) high-need fields, high-need schools, and high-need local educational agencies; (E) the State's educator equity plan described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965; (F) the extent to which currently authorized teacher preparation programs in the State are producing profession-ready candidates; and (G) the capacity of programs that are authorized in the State, as of the time of the application, to meet the State's teacher workforce needs, including the capacity of— (i) pipeline programs, such as associate degree to baccalaureate transfer pathway programs with community colleges; (ii) grow your own programs that provide pathways to standard teacher certification through partnerships between local educational agencies, institutions of higher education, and community-based organizations to recruit and prepare community members to become teachers in local schools; (iii) career awareness programs, including career and technical education and other pathways, in public schools; and (iv) programs to support the career progression of educators, including retention, leadership opportunities, and professional development; (6) a description of the school leader, principal, and other educator preparation needs assessment that the State will conduct, including how the State will assess— (A) the principal and other educator workforce needs for public preschools and elementary and secondary schools in the State; (B) high-need positions, high-need schools, and high-need local educational agencies; (C) the extent to which authorized educator preparation programs in the State, as of the time of the application, are producing profession-ready candidates; and (D) the capacity of programs authorized in the State, as of the time of the application, to meet the State's principal and other educator needs, including meeting nationally recognized ratios for specialized instructional support personnel in schools, where applicable; and (7) a timeline for the State's activities to develop a strategic plan, including a timeline for stakeholder engagement with administrators of institutions of higher education, elementary school and secondary school principals and administrators, educator preparation programs, teachers, specialized instructional support personnel, parents, students, civil rights organizations, community-based organizations, and workforce development programs. (c) Development of a strategic plan During the first year after receiving an allotment under this section, a State may use not more than 30 percent of the funds allotted to conduct the needs assessments described in paragraphs (5) and (6) of subsection (b) and develop a strategic plan for the State to improve educator preparation programs to address the needs identified in paragraphs (5) and (6) of subsection (b). (d) Submission of strategic plan Not later than 1 year after receiving an allotment under this section, each State shall submit a strategic plan to the Secretary, which shall contain the following information: (1) The State's goals relating to educator preparation, supporting quantitative and qualitative evidence for those goals, and intermediate and long-term implementation timelines. (2) The results of the needs assessments described in paragraphs (5) and (6) of subsection (b). (3) The State's plan for meeting the educator workforce needs in the State, including how the State will prioritize institutions of higher education with the greatest share of prospective educators, institutions that enroll the highest percentage of prospective educators from underrepresented groups, and institutions of higher education with the highest placement of educators in the State. (4) The State’s plan for removing barriers to an inclusive and equitable workforce that supports the needs of populations that are underrepresented in the field of education, including teachers of color, first generation college students, and teachers with disabilities, including recruitment, preparation, and retention. (e) Authorized activities A State shall use funds allotted under this section to implement the strategic plan submitted under subsection (d), which may include the following activities: (1) Strengthening and professionalizing educator certification and licensure, and other credentialing, so that it aligns with evidence-based practices and high professional standards. (2) Developing and implementing an equitable and evidence-based State approval system for alternative route program providers and programs and traditional and alternative route programs at institutions of higher education. (3) Supporting the implementation of evidence-based performance assessments for teacher licensure or certification in the State. (4) Regularly assessing the workforce needs of prekindergarten through grade 12 educators across the State, including the diversity of the workforce, and providing that information to institutions of higher education that prepare educators in the State. (5) Providing transparency to the public as to how authorized educator preparation programs are meeting professional standards and requirements. (6) Providing subgrants to partner institutions, consortia of partner institutions, or eligible partnerships, to enable those institutions and partnerships to carry out activities related to the strategic plan described in subsection (d), including— (A) developing and offering induction, mentoring, or professional and leadership coaching for all novice teachers and principals in a high-need local educational agency, which shall be provided by faculty or staff at the institution of higher education and teachers and school leaders; (B) developing and offering professional development that brings research to practice for educators in schools of district partners; (C) developing and offering second endorsement coursework; (D) creating and expanding dual certification programs in special education and general education; (E) developing and offering ‘grow your own’ programs; (F) developing or strengthening career ladder positions for educators, such as teacher leaders, with certification requirements and coursework leading to certification, which may include nationally recognized, standards-based advanced certification; (G) designing and implementing statewide pre-service residencies for teacher and principal candidates using the model described in section 202(e) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of the EDUCATORS for America Act ; (H) developing and implementing a statewide best practices network for the preparation of profession-ready educators; and (I) creating or expanding teaching fellows programs whereby individuals preparing to be teachers receive tuition waivers for use in comprehensive preparation provided by a teacher preparation program that includes extensive clinical experience that is tightly aligned to coursework, before becoming the teacher of record, in exchange for teaching in one of the identified workforce need areas in the State for a period of years. (f) Annual report on the implementation of the strategic plan Each State receiving an allotment under this section shall make publicly available a report, on an annual basis, on the implementation of the strategic plan submitted under subsection (d). (g) Maintenance of effort (1) In General A State shall provide for activities described in this section in such State, an amount which is equal to or greater than the average amount provided for such activities by such State during the 3 most recent preceding fiscal years for which satisfactory data are available. (2) Waiver Notwithstanding paragraph (1), the Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. (h) State maintenance of equity As a condition of receiving an allotment under this section, a State shall meet the maintenance of equity requirements in section 2004(b) of the of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (i) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. 202. Accountability for equitable access to profession-ready teachers (a) Institutional and program annual reports (1) Annual reporting Each teacher preparation entity approved to operate teacher preparation programs in the State and that receives or enrolls students receiving Federal assistance shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: (A) Pass rates For the most recent year for which the information is available for each teacher preparation program offered by the teacher preparation entity, the following: (i) Except as provided in clause (ii), for those students who took the assessments used for teacher certification or licensure by the State in which the entity is located and are enrolled in the teacher preparation program, the percentage of such students who passed such assessment. (ii) In the case of an entity that requires a valid and reliable teacher performance assessment in order to complete the preparation program, the entity may submit in lieu of the information described in clause (i) the pass rate of students taking the teacher performance assessment. (B) Entity information A description of the following: (i) The number of students in the entity (disaggregated by race, ethnicity, sex, and disability status). (ii) The number of hours of supervised clinical preparation required for each program. (iii) The total number of students who have completed programs for certification or licensure (disaggregated by subject area and by race, ethnicity, sex, and disability status, except that such disaggregation, consistent with applicable privacy laws, shall not be required in a case in which the result would reveal personally identifiable information about an individual student). (iv) The criteria for admission into the program. (v) The number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. (C) Accreditation Whether the program or entity is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional teacher education programs. (D) Designation as low-performing Which programs (if any) offered by the entity have been designated as low-performing by the State under section 207(a). (b) Annual State report on teacher preparation (1) In general Each State that receives funds under this part shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report on educator preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following: (A) A description of the teacher certification and licensure assessments, including teacher performance assessments, and any other certification and licensure requirements, used by the State, including evidence on validity and reliability of those assessments and the methods used to determine performance standards. (B) The standards and criteria that prospective teachers must meet to— (i) attain certification or licensure described under each of subparagraphs (A), (B), (C), and (D) of section 200(b)(2); and (ii) be certified or licensed to teach particular academic subjects, areas, or grades within the State. (C) (i) The number of certifications or licensures described under each of subparagraphs (A), (B), (C), and (D) of section 200(b)(2) issued by the State, disaggregated by grade and subject area. (ii) The number and percentage of teachers who received a certification or licensure described in section 200(b)(2)(A) and who did not complete any formal teacher preparation program, but have received such certification or licensure by alternative means such as passing a test, disaggregated by field. (iii) The number and percentage of teachers of record who are not profession-ready, disaggregated by field. (D) (i) Except as provided in clause (ii), for each of the assessments used by the State for teacher certification or licensure, the pass rates of such assessments for individuals having completed each teacher preparation entity in the State and for all such entities, disaggregated by subject area, race, ethnicity, sex, and disability status, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual. (ii) In the case of a State that has implemented a valid and reliable teacher performance assessment, the State may submit in lieu of the information described in clause (i) the pass rate of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, sex, and disability status, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student. (E) For each teacher preparation program in the State the following: (i) The number of students in the program (disaggregated by race, ethnicity, sex, and disability status). (ii) The number of hours of supervised clinical preparation required. (iii) Whether such program has been identified as low-performing and during which years of operation. (F) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure, the percentage of individuals participating in such routes, or who have completed such routes during the two-year period preceding the date for which the determination is made, who passed each such assessment. (G) The percentage of candidates completing programs in each field, including special education, who use alternate routes compared to those who complete traditional programs. (H) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs. (I) For each teacher preparation program in the State— (i) the number of students in the program, disaggregated by race, ethnicity, sex, and disability status (except that such disaggregation shall not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student); and (ii) the range and average number of hours of supervised clinical experience required for those in the program. (J) For the State as a whole, and for each teacher preparation entity in the State, the number of teachers prepared, in the aggregate and reported separately by the following: (i) Area of certification or licensure. (ii) Academic major. (iii) Subject area for which the teacher has been prepared to teach. (iv) The relationship of the subject area and grade span of teachers graduated by the teacher preparation entity to the teacher workforce needs of the State. (v) The percentage of teachers graduated teaching in high-need schools. (vi) Race, ethnicity, sex, and disability status. (K) A comparison of standard licenses and certifications issued to the areas of identified teacher shortage in the State. (L) The capacity of the statewide longitudinal data system to report valid and reliable outcome data on the graduates of teacher preparation entities in the State and where available the results of such data on the following: (i) Job placement of program completers within 12 months of graduation. (ii) Retention of program completers in teaching after 3 years. (iii) Other outcome indicators used by the State, such as average results from teacher evaluations. (2) Prohibition against creating a national list The Secretary shall not create a national list or ranking of States, institutions, or schools using the information provided under this subsection. (3) No requirement for reporting on students not residing in the State Nothing in this section shall require a State to report data on program completers who do not reside in such State. (c) Data quality The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, accuracy, and consistency of the data submitted pursuant to this section. (d) Report of the secretary on teacher preparation (1) Report The Secretary shall, until 2025, annually provide to the authorizing committees, and publish and make widely available, a report on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). (2) Enhanced report (A) Recommendations The Secretary shall instruct the National Center for Education Statistics to convene an expert panel that includes researchers and practitioners to study and make recommendations for revised reporting of teacher qualifications and preparation in the United States. The recommendations shall include suggestions for how to— (i) consolidate and streamline reporting across existing Federal and State requirements and Federal data collections to provide a concise and robust set of State and national indicators on the size, diversity, and quality of the teacher workforce and the equitable distribution of profession-ready teachers; and (ii) reduce reporting burdens on educator preparation entities, local educational agencies, and States. (B) Revised reporting The Secretary shall publish revised reporting requirements of teacher qualifications and preparation in the United States in the Federal Register with sufficient time for the new reporting requirements to be in place for 2025. (3) Special rule In the case of a teacher preparation program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate on each State certification or licensure assessment taken over a three-year period. (e) Coordination The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. 203. State functions (a) State assessment (1) In general In order to receive funds under this part, a State shall conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. (2) Provision of low-performing list Each State described in paragraph (1) shall— (A) provide the Secretary with an annual list of low-performing teacher preparation programs; (B) report any teacher preparation program that has been closed and the reasons for such closure; and (C) describe the criteria determined under paragraph (3) for identifying low performing programs. (3) Determination of low-performing programs The levels of performance and the criteria for meeting those levels for purposes of the assessment under paragraph (1) shall be determined by the State in consultation with a representative group of community stakeholders, including, at a minimum, representatives of leaders and faculty of traditional and alternative route teacher preparation programs, prekindergarten through 12th grade leaders and instructional staff, current teacher candidates participating in traditional and alternative route teacher preparation programs, the State's standards board or other appropriate standards body, and other stakeholders identified by the State. In making such determination, the State shall consider multiple measures and the information reported by teacher preparation entities under section 202. (b) Reporting and improvement In order to receive funds under this part, a State shall— (1) report any teacher preparation programs described in subparagraphs (A) or (B) of subsection (a)(2) to the Secretary; (2) establish a period of improvement and redesign (as established by the State) for programs identified as low-performing under subsection (a); (3) provide programs identified as low-performing with technical assistance for a period of not longer than 5 years; and (4) subject low-performing programs that have not improved to the provisions described in subsection (c) (as determined by the State). (c) Termination of eligibility Any teacher preparation program that is low-performing and has not improved for a period of 5 years— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to provide new awards under subpart 9 of part A of title IV; and (3) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure. (d) Application of the requirements The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification or licensure programs. 204. General provisions (a) Methods In complying with sections 202 and 203, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. (b) Special rule For each State that does not use content assessments as a means of ensuring that all teachers teaching within the State meet the applicable State certification or licensure requirements, including any requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 1111 of the Elementary and Secondary Education Act of 1965, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, the Secretary shall— (1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores. (c) Release of information to educator preparation programs (1) In general For the purpose of improving educator preparation programs, a State that receives funds under this part, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to an educator preparation program, upon the request of the educator preparation program, any and all pertinent education-related information that— (A) may enable the educator preparation program to evaluate the effectiveness of the program's graduates or the program itself; and (B) is possessed, controlled, or accessible by the State. (2) Content of information The information described in paragraph (1)— (A) shall include an identification of specific individuals who graduated from the educator preparation program to enable the educator preparation program to evaluate the information provided to the program from the State with the program's own data about the specific courses taken by, and field experiences of, the individual graduates; and (B) may include— (i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the educator preparation program; (ii) teacher effectiveness evaluations for teachers who graduated from the educator preparation program; and (iii) survey data on program quality as it relates to the preparedness on different aspects of teaching or school leadership from preparation program completers and principals in schools or superintendents in local educational agencies where completers are placed. 205. Authorization of appropriations There is authorized to be appropriated to carry out this part $500,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years. B Grants to institutions 220. Purposes The purposes of this part are to— (1) expand the pool of profession-ready diverse educators to meet the workforce demands of high-need schools and high-need fields; (2) ensure that new teachers, principals, and other educators are profession-ready and prepared to meet the learning and social and emotional needs of a diverse student population in a range of settings, including rural and urban areas; (3) strengthen the quality of prospective and new teachers, principals, and other educators by strengthening the preparation of prospective teachers, principals, and other educators and enhancing professional development activities for new teachers, principals, and other educators; (4) recruit individuals, particularly individuals from underrepresented populations and individuals from other occupations, to become teachers, principals, and other educators; and (5) build and strengthen partnerships between educator preparation programs within institutions of higher education and local educational agencies and high-need schools in order to meet the needs of those agencies and schools staffing needs. 221. Authorization of appropriations (a) In General There are authorized to be appropriated to carry out this part $500,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years. (b) Minimum appropriations for each subpart The Secretary shall ensure that not less than 25 percent of the funds appropriated to carry out this part for a fiscal year are allocated for each of subparts 1, 2, and 3 of this part. 1 Educator quality partnership grants 222. Partnership grants (a) Program authorized From amounts made available under section 221, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c). (b) Application Each eligible partnership desiring 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. Each such application shall contain— (1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education teachers, special education teachers, multilingual education teachers, principals, other educators (including specialized instructional support personnel), school librarians, and counselors, and, as applicable, early childhood educators; (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare profession-ready educators with strong teaching, leadership, and other professional skills necessary to increase learning and academic achievement; (3) a description of how such program will prepare profession-ready teachers, principals, and other educators to understand and use research and data to modify and improve classroom instruction and improve student motivation and engagement; (4) a description of— (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher, principal, and other educator preparation or professional development programs, including programs funded under part A of this title, the Elementary and Secondary Education Act of 1965, and the Individuals with Disabilities Education Act, and through the National Science Foundation; (B) how the activities of the partnership will be consistent with State and local innovations and activities, and other education innovations and activities, that promote educator quality, diversity, and student academic achievement; and (C) how the eligible partnership will develop strong partnerships between local educational agencies and institutions of higher education within the partnership and community connections (which may include collaboration with teacher and school leader representatives within the local educational agency) to ensure that candidates develop an understanding of the students and families in the communities in which they will be teaching, prepare candidates to teach in those communities, and understand school contexts to address needs in the local educational agency; (5) an assessment that describes the resources available to the eligible partnership, including— (A) the integration of funds from other related sources; (B) the intended use of the grant funds; and (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends; (6) a description of— (A) how the eligible partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d), (e) or (f), based on the needs identified in paragraph (1), with the goal of providing a pipeline of diverse profession-ready educators needed by the local educational agency or schools that are part of the eligible partnership; (C) if the partnership chooses to use funds under this section for a project or activities under subsection (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goals of meeting the workforce needs of the partner local educational agency or schools that are part of the eligible partnership through the provision of profession-ready diverse educators; (D) the partnership's evaluation plan under section 224; (E) how the partnership will align the teacher preparation program under subsection (d) with the— (i) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; (ii) State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located; and (iii) activities identified under section 2101 and section 2103 of the Elementary and Secondary Education Act of 1965 and where applicable, the school support and improvement activities identified under section 1111(d) of that Act; (F) how the partnership will prepare educators to teach and work with students with disabilities, including training related to early identification of students with disabilities and participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; (G) how the partnership will prepare educators to teach and work with students who are English learners; (H) how the partnership will prepare educators to teach diverse students, including students of different races, ethnicities, language, gender identity or sexual orientation, and students with disabilities; and (I) how the partnership will design, implement, or enhance a year-long and evidence-based educator pre-service clinical program component; and (7) with respect to the induction program required as part of the activities carried out under this section— (A) a description of how the educator preparation program will design and implement an induction program to support all new educators who are prepared by the educator preparation program in the partnership and who are employed in the high-need local educational agency in the partnership, and, to the extent practicable, all new educators who teach in such high-need local educational agency; and (B) a description of how higher education faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable. (c) Use of Grant Funds An eligible partnership that receives a grant under this section— (1) shall use grant funds to carry out a program for the pre-baccalaureate or post-baccalaureate preparation of teachers under subsection (d), a pre-service principal preparation program under subsection (e), a teaching or principal residency program under subsection (f), or a combination of such programs; and (2) may use funds to carry out other educator development programs under subsection (g), based upon the results of the needs assessment in subsection (b)(1). (d) Partnership grants for the preparation of teachers An eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out a pre-baccalaureate teacher preparation program or a 5th year initial licensing program that includes all of the following: (1) Activities (A) In general Implementing activities, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— (i) preparing— (I) profession-ready teachers; and (II) such teachers and, as applicable, early childhood educators, to understand evidence-based research related to teaching, learning, and classroom management, and the applicability of such practice and research, including strategies to incorporate universal design for learning, the effective use of technology, instructional techniques, strategies consistent with the principles of universal design for learning, and core competencies of social and emotional learning, and through positive behavioral interventions and support strategies to improve student achievement; and (ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children's cognitive, social, emotional, and physical development. (B) Required activities The activities described in subparagraph (A) shall include— (i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills; (ii) using evidence-based research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators— (I) understand and can implement evidence-based teaching practices in classroom instruction; (II) have knowledge of the scientific basis of how students learn, including the skills to recognize and evaluate student social and emotional competencies and needs; (III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction and student engagement; (IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to— (aa) meet the specific social and emotional learning and academic needs of all students, including students with disabilities, students who are English learners, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; (bb) differentiate instruction for such students; and (cc) use culturally relevant pedagogy and curricular materials; (V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; (VI) possess the skills to meet the academic, social, and emotional needs of students and create inclusive and culturally responsive learning environments; and (VII) can successfully employ effective strategies for comprehensive literacy instruction (as defined in section 2221(b) of the Elementary and Secondary Education Act of 1965); (iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas, as appropriate, to ensure that prospective teachers receive training in both teaching and relevant content areas in order to meet the applicable State requirements to becoming fully certified or licensed as described in section 200(b)(2)(A) and become profession-ready, or with regard to special education teachers, meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities; (iv) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership, which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession; (v) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully; and (vi) embedding social and emotional competencies into the program and curriculum, as applicable, to ensure that new and prospective teachers have the requisite content knowledge and skills. (2) Clinical experience and interaction Developing or improving a sustained preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following: (A) Incorporate year-long opportunities for enrichment, including— (i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and (ii) closely supervised interaction between prospective teachers and faculty, experienced teachers, principals, other administrators, and school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction. (B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. (C) Provide teacher mentoring. (D) Be offered over the course of a program of teacher preparation. (E) Be tightly aligned with course work (and may be developed as a fifth year of a teacher preparation program). (F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency. (G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities. (H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual's experience. Such support may include— (i) with respect to a prospective teacher or a mentor, release time for such individual's participation; (ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership's activities; and (iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor’s qualifications and responsibilities. (3) Induction programs for new teachers Creating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. (4) Support and training for participants in early childhood education programs In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. (5) Teacher recruitment Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals, including individuals from groups that are underrepresented in the education profession, to become teachers who meet the applicable State requirements to be fully certified or licensed as described in section 200(b)(2)(A) and become profession-ready, and with regard to special education teachers, meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession— (A) individuals from underrepresented populations; (B) individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, career and technical education, and the instruction of English learners; and (C) professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction. (6) Literacy training Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers— (A) to implement comprehensive literacy instruction programs (as defined in section 2221(b) of the Elementary and Secondary Education Act of 1965); (B) to use screening, formative, diagnostic and summative assessments to determine students' literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills; (C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and (D) to integrate literacy skills in the classroom across subject areas. (e) Partnership grants for principal preparation An eligible partnership receiving a grant to carry out an effective program to prepare profession-ready principals shall carry out a program that includes the following: (1) Development of leadership skills with a demonstrated impact on student and school success, including the ability to create a continuous learning environment for teachers, staff, and students. (2) Rigorous recruitment and selection criteria for successful educators who have shown potential as leaders. (3) Program faculty with prior school leadership experience and deep knowledge of effective leadership practices. (4) Comprehensive clinical experiences that are linked to coursework and help principal candidates address context-specific problems and the needs of special population groups, including students who are children with disabilities, English learners, and students from economically disadvantaged families. (5) Peer networks. (6) Mentoring, supervision, and evaluation of candidates throughout the clinical experience. (7) Opportunities for ongoing professional learning and coaching for practicing school leaders. (f) Partnership grants for the establishment of teaching and principal residency programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching or principal residency program shall carry out a program that includes the following activities: (A) For teaching residency programs An eligible partnership carrying out a teaching residency program shall carry out both of the following activities: (i) Supporting a teaching residency program described in paragraph (2) for high-need schools and in high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. (ii) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the residency program and between such graduates and mentor teachers in the receiving school. (B) For principal residency programs An eligible partnership carrying out a principal residency program shall support a program described in paragraph (3) for high-need schools, as determined by the needs of the high-need local educational agency in the partnership. (2) Teacher residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) The integration of pedagogy, classroom practice, and teacher mentoring. (ii) The exposure to principles of child and youth development as well as understanding and applying principles of learning and behavior. (iii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master's degree while undertaking supervised clinical preparation. (iv) Experience and learning opportunities alongside a trained and experienced mentor teacher— (I) whose teaching shall complement the residency program so that school-based clinical practice is tightly aligned with coursework; (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and (III) who may be relieved from teaching duties or may be offered a stipend as a result of such additional responsibilities. (v) The establishment of clear criteria for the selection of mentor teachers based on the appropriate grade level, subject area knowledge, and measures of teacher effectiveness, which— (I) shall be based on, but not limited to, observations of— (aa) planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative, summative, and diagnostic assessments to improve student learning; (bb) appropriate instruction that engages all students; (cc) collaboration with colleagues to improve instruction; and (dd) analysis of evidence of student learning; and (II) may include criteria regarding meeting nationally recognized, standards-based advanced certification requirements. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. (vii) Support for residents once such residents are hired as the teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents' first 2 years of teaching. (B) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teacher residency program under this paragraph, an individual shall— (I) be a recent graduate of a 4-year institution of higher education, an individual in the final year of an undergraduate teacher preparation program, or a professional possessing strong content knowledge and a record of professional accomplishment in another field; and (II) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (3) Principal residency programs (A) Establishment and design A principal residency program under this paragraph shall be a program based on models of successful principal residencies that serve as a mechanism to prepare principals for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) Engagement of principal residents in rigorous graduate-level coursework to earn an appropriate advanced credential while undertaking a guided principal apprenticeship. (ii) Experience and learning opportunities alongside a trained and experienced mentor principal— (I) whose mentoring shall be based on standards of effective mentoring practice and shall complement the residency program so that school-based clinical practice is tightly aligned with coursework; and (II) who may be relieved from some portion of principal duties or may be offered a stipend as a result of such additional responsibilities. (iii) The establishment of clear criteria for the selection of mentor principals, which may be based on observations of the following: (I) Demonstrating awareness of, and having experience with, the knowledge, skills, and attitudes to— (aa) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (bb) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (cc) engage in continuous professional development, using a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (dd) understand child and youth development appropriate to the age level served by the school, and use this knowledge to set high expectations and standards for the academic, social, emotional, and physical development of all students; and (ee) actively engage the community to create shared responsibility for student academic performance and successful development. (II) Planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance. (III) Identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance. (IV) Supporting a culture of learning, collaboration, and professional behavior and ensuring evidence-based instructional practice. (V) Communicating and engaging parents, families, and other external communities. (VI) Collecting, analyzing, and utilizing data and other evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability. (iv) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the principal residency program; and (II) which may include consideration of applicants who reflect the communities in which they will serve as well as consideration of individuals from underrepresented populations in school leadership positions. (v) Support for residents once such residents are hired as principals, through an induction program, professional development to support the knowledge and skills of the principal in a continuum of learning and content expertise in developmentally appropriate or age-appropriate educational practices, and networking opportunities to support the residents through not less than the residents' first 2 years of serving as principal of a school. (B) Selection of individuals as principal residents (i) Eligible individual In order to be eligible to be a principal resident in a principal residency program under this paragraph, an individual shall— (I) have prior experience teaching prekindergarten through grade 12; (II) have experience as an effective leader, manager, and written and oral communicator; and (III) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a principal residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the principal residency program based on the following characteristics: (I) Strong instructional leadership skills in an elementary school or secondary school setting. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective leadership, such as sound judgment, organizational capacity, collaboration, and openness to continuous learning, which may be determined by interviews or performance assessment, as specified by the eligible partnership. (4) Stipends or salaries; applications; agreements; repayments (A) Stipends or salaries A teaching or principal residency program under this subsection— (i) shall provide a 1-year living stipend or salary to teaching or principal residents during the 1-year teaching or principal residency program; and (ii) may provide a stipend to a mentor teacher or mentor principal. (B) Applications for stipends or salaries Each teacher or principal residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (C) Agreements to serve Each application submitted under subparagraph (B) shall contain or be accompanied by an agreement that the applicant will— (i) serve as a full-time teacher or principal for a total of not less than 3 academic years immediately after successfully completing the 1-year teaching or principal residency program; (ii) fulfill the requirement under clause (i)— (I) by teaching or serving as a principal in a high-need school served by the high-need local educational agency in the eligible partnership and, if a teacher, teaching a subject or area that is designated as high-need by the partnership; or (II) if there is no appropriate position available in a high-need school served by the high-need local educational agency in the eligible partnership, by teaching or serving as a principal in any other high-need school; (iii) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required under clauses (i) and (ii) at the beginning of, and on completion of, each year or partial year of service; (iv) for teacher residents, meet the requirements to be a profession-ready teacher; (v) for principal residents, meet the requirements to be a profession-ready principal; (vi) for other educators, complete the preparation program and become fully certified in the State where the educator is employed; and (vii) comply with the requirements set by the eligible partnership under subparagraph (D) if the applicant is unable or unwilling to complete the service obligation required by this subparagraph. (D) Repayments (i) In general An eligible partnership carrying out a teaching or principal residency program under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by subparagraph (C) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (ii) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for prorated repayment of the stipend or salary described in subparagraph (A) or for deferral of a teaching resident's service obligation required by subparagraph (C), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (iii) Use of repayments An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this section. (g) Partnership grants for educator development An eligible partnership that receives a grant under this section may carry out effective educator development programs for other educators besides teachers and principals based on the needs identified in subsection (b)(1) that may include the following activities: (1) Implementing curriculum changes that improve, evaluate, and assess how well prospective and new educators develop instructional skills. (2) Preparing educators to use evidence-based research, where applicable. (3) Providing pre-service clinical experience. (4) Creating induction programs for new educators. (5) Aligning recruitment and admissions goals and priorities with the hiring objectives of the high-need local educational agency in the eligible partnership. (6) Professional development and training for mentor educators. (h) Evaluation and reporting The Secretary shall— (1) evaluate the programs assisted under this section; and (2) make publicly available a report detailing the Secretary's evaluation of each such program. (i) Consultation (1) In general Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section. (2) Regular communication To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. (3) Written consent The Secretary may approve changes in grant activities under this section only if the eligible partnership submits to the Secretary a written consent to such changes signed by all members of the eligible partnership. (j) Construction Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. (k) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. (l) Continuation of awards Notwithstanding any other provision of law, from funds appropriated to carry out this part, the Secretary shall continue to fund any multiyear grant awarded under this part (as such provisions were in effect on the day before the date of enactment of the EDUCATORS for America Act ), for the duration of such multiyear grant in accordance with its terms. 223. Administrative provisions (a) Duration; number of awards; payments (1) Duration A grant awarded under this subpart shall be awarded for a period of 5 years. (2) Number of awards An eligible partnership may not receive more than 1 grant during a 5-year period, except that such partnership may receive an additional grant during such period if such grant is used to establish a teacher or principal residency program if such residency program was not established with the prior grant. Nothing in this part shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. (b) Peer review (1) Panel The Secretary shall provide the applications submitted under this subpart to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority The Secretary, in funding applications under this subpart, shall give priority— (A) to eligible partnerships that include an institution of higher education whose teacher education program or educator development program has a rigorous selection process and demonstrated success in having a diverse set of candidates complete the program, and enter and remain in the profession; and (B) (i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or (ii) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas. (3) Secretarial selection The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this subpart and the types of activities proposed to be carried out by the eligible partnership. (c) Matching requirements (1) In general Each eligible partnership receiving a grant under this subpart shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this subpart. (d) Limitation on administrative expenses An eligible partnership that receives a grant under this subpart may use not more than two percent of the funds provided to administer the grant. 224. Accountability and evaluation (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this subpart shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for— (1) program completion rates; (2) achievement for all prospective and new educators as measured by the eligible partnership; (3) educator retention in the first 3 years; (4) pass rates for initial State certification or licensure of teachers or pass rates on valid and reliable teacher performance assessments; (5) the percentage of profession-ready teachers, principals, and other educators— (A) hired by the high-need local educational agency or schools participating in the eligible partnership; and (B) hired by the high-need local educational agency or schools participating in the eligible partnership who are members of underrepresented groups; (6) the percentage of profession-ready teachers hired by the high-need local educational agency or schools participating in the eligible partnership— (A) who teach high-need academic subject areas (such as reading, mathematics, science, and foreign languages, including less commonly taught languages and critical foreign languages); and (B) who teach in high-need areas (including special education, bilingual education, language instruction educational programs for English learners, and early childhood education); (7) the percentage of profession-ready teachers and other educators hired by the high-need local educational agency who work in high-need schools, disaggregated by the elementary school and secondary school levels; (8) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and (9) as applicable, the percentage of educators hired by the high-need local educational agency or schools participating in the eligible partnership that are trained to— (A) integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and (B) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes. (b) Information An eligible partnership receiving a grant under this subpart shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this subpart. (c) Revised application If the Secretary determines that an eligible partnership receiving a grant under this subpart is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of the grant the Secretary— (1) shall cancel the grant; and (2) may use any funds returned or available because of such cancellation under paragraph (1) to— (A) increase other grant awards under this subpart; or (B) award new grants to other eligible partnerships under this subpart. (d) Evaluation and dissemination The Secretary shall evaluate the activities funded under this subpart and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate— (1) successful practices developed by eligible partnerships under this subpart; and (2) information regarding such practices that were found to be ineffective. 2 Grants to support recruitment of new educators and diversity in the profession 231. Honorable Augustus F. Hawkins Centers of Excellence (a) Purpose The purpose of this subpart is to strengthen and expand the recruitment, training, and retention of candidates into the teaching profession who are from underrepresented groups in such profession. (b) Eligible institution defined In this subpart, the term eligible institution means an institution of higher education that has a teacher or school leader preparation program that is accredited by the State and that is— (1) a part B institution (as defined in section 322); (2) a Hispanic-serving institution (as defined in section 502); (3) a Tribal college or university (as defined in section 316); (4) an Alaska Native-serving institution (as defined in section 317(b)); (5) a Native Hawaiian-serving institution (as defined in section 317(b)); (6) a Predominantly Black Institution (as defined in section 318); (7) an Asian-American and Native American Pacific Islander-serving institution (as defined in section 320(b)); (8) a Native American-serving, nontribal institution (as defined in section 319); (9) a consortium of any of the institutions described in paragraphs (1) through (8); or (10) an institution of higher education in partnership with an institution described in paragraph (1) through (8), provided that an institution described in paragraph (1) through (8) is the lead entity in the partnership. (c) Augustus F. Hawkins Centers of Excellence (1) Program authorized From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible institutions to establish centers of excellence. (2) Use of funds An eligible institution shall use a grant received under this subpart to ensure that programs offered at a center of excellence established by such institution prepare current and future teachers or school leaders to be profession-ready, and meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(14)(C) ), by carrying out one or more of the following activities: (A) Implementing reforms within teacher or school leader preparation programs, which may include such preparation programs that prepare teachers or school leaders for early childhood education programs, to ensure that such programs are preparing teachers or school leaders who meet such applicable State certification and licensure requirements or qualifications, and are using evidence-based instructional practices to improve student academic achievement, by— (i) retraining or recruiting faculty; and (ii) designing (or redesigning) teacher or school leader preparation programs that— (I) prepare teachers or school leaders to serve in under-resourced schools and close student achievement gaps, and that are based on rigorous academic content, evidence-based research, and challenging State academic standards as described in section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); and (II) promote effective teaching skills. (B) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by teacher leaders, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, school leaders, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (C) Developing and implementing initiatives to promote retention of teachers who meet such applicable State certification and licensure requirements or qualifications, and principals and other school leaders, including teachers of color, principals and other school leaders, including programs that provide— (i) teacher or principal and other school leader mentoring; and (ii) induction and support for teachers and principals and other school leaders during their first three years of employment as teachers, principals, or other school leaders, respectively. (D) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher or other school leader preparation program, not to exceed the cost of attendance as defined in section 472. (E) Disseminating information on effective practices for teacher or other school leader preparation and successful teacher or other school leader certification and licensure assessment preparation strategies. (F) Activities authorized under section 222. (3) Application Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (4) Limitation on administrative expenses An eligible institution that receives a grant under this subpart may use not more than 2 percent of the grant funds to administer the grant. (5) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this subpart. 232. Recruitment and completion grants (a) In General From amounts appropriated under section 221, the Secretary may award grants to institutions of higher education that have educator preparation programs in order to allow those programs to support the needs of populations that are underrepresented in the field of education, including first generation college students and students with disabilities, to ensure completion of the educator preparation program and entrance into the profession. (b) Uses of funds An institution of higher education receiving a grant under this section may use grant funds to support students described in subsection (a) who are enrolled in educator preparation programs by providing services such as— (1) childcare for such enrolled students; (2) cohort support; (3) programs that provide pathways from community colleges to baccalaureate programs in the field of education; and (4) programs that pay for certification or licensure exams, including re-taking of exams as necessary and the additional preparation to ensure passage of the exams. 233. Pipelines into educator preparation (a) Education careers opportunity program (1) Authority for grants The Secretary may make grants to partner institutions or eligible partnerships to assist those institutions or partnerships in carrying out the activities described in paragraph (2) in order to assist individuals from underrepresented backgrounds, as determined in accordance with criteria prescribed by the Secretary, to undertake education to become an educator. (2) Authorized expenditures A partner institution or eligible partnership may use grant funds under this section to carry out one or more of the following: (A) Identifying, recruiting, and selecting individuals from underrepresented backgrounds for education and training as an educator. (B) Facilitating the entry of such individuals into an educator preparation program. (C) Providing counseling, mentoring, or other services designed to assist such individuals in successfully completing an educator preparation program. (D) Providing, for a period prior to the entry of such individuals into the regular course of education of an educator preparation program, preliminary education designed to assist them in successfully completing such regular course of education in such program, or referring such individuals to institutions providing such preliminary education. (E) Publicizing existing sources of financial aid available to students in the educator preparation program or who are undertaking education necessary to qualify them to enroll in such a program. (F) Paying such scholarships as the Secretary may determine for such individuals for any period of an educator preparation program. (G) Paying such stipends as the Secretary may approve for such individuals for any period of education in student-enhancement programs (other than regular courses), except that— (i) such a stipend may not be provided to an individual for more than 12 months; and (ii) notwithstanding any other provision of law regarding the amount of stipends, such a stipend shall be in an amount determined appropriate by the Secretary. (H) Carrying out programs under which such individuals gain experience regarding a career as an educator through working at an elementary or secondary school. (I) Conducting activities to develop a larger and more competitive applicant pool for the relevant teacher preparation program and for local educational agencies and schools through partnerships with institutions of higher education, local educational agencies, and other community-based entities. (3) Definition In this section, the term regular course of education in such program includes a graduate program in education. (4) Matching Requirements The Secretary may require that a partner institution or eligible partnership that applies for a grant under this subsection, provide non-Federal matching funds, as appropriate, to ensure the institutional commitment of the entity to the projects funded under the grant. As determined by the Secretary, such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. 3 Capacity building grants 241. School leader professional development From amounts appropriated under section 221, the Secretary may award grants to institutions of higher education that have educator preparation programs for school leaders in order to allow those programs to develop and support school leaders in one or more of the following areas: (1) Culturally and linguistically responsive practices. (2) Universal design for learning. (3) Social and emotional learning. (4) Trauma-informed instruction. (5) Strengthening knowledge of child and youth development. (6) Creating a safe school environment to minimize and respond to violence in schools. (7) Creating an inclusive school for educators, staff, and students, including through restorative justice training. (8) Response to intervention and non-exclusionary, positive behavioral interventions and supports (including eliminating the use of adverse interventions such as seclusion and restraints). (9) Differentiated and data-driven instruction, including— (A) the use of data to identify and address disparities in academic achievement, academic opportunities (including advanced coursework, dual enrollment, and career and technical education), and disciplinary rates among student subgroups; and (B) determining and using accommodations for instruction and assessments for students with disabilities and English learners. (10) Evidence-based anti-bias training. (11) Effective and equitable use of technology for digital and blended learning (including the appropriate use of technology and assistive technology for students with disabilities). (12) Effective strategies to engage and collaborate with stakeholders to advance the learning of all students (including parents and families, other educational professionals, out-of-school time providers, and community members). (13) Other evidence-based strategies and practices that advance the academic achievement of all students, including students of color, English learners, students from low-income families, and students with disabilities. 242. Faculty professional development and training The Secretary may award grants to institutions of higher education that have educator preparation programs in order to allow those programs to develop and support faculty in a college, school, or department of education in— (1) culturally responsive pedagogy; (2) trauma-informed instruction; (3) creating an inclusive climate for faculty, staff, and students, including restorative justice training; and (4) strengthening knowledge of child and youth development. 243. Resiliency grants (a) In general The Secretary may award grants, on a competitive basis, to institutions of higher education that have educator preparation programs, to enable those programs to carry out the activities described in subsection (b) or (c). Such grants shall be known as Resiliency Grants . (b) Technology An educator preparation program that receives a Resiliency Grant for technology shall use grant funds to— (1) support the preparation of profession-ready educators by expanding the use of technology in pre-service clinical and field experiences of students enrolled in educator preparation programs; (2) expand the use of technology for the in-class instruction of students in educator preparation programs; (3) conduct research on and analysis of technological tools in classroom settings; (4) ensure that technology is used in an equitable manner to enhance the learning and opportunities of students; and (5) ensure that educators are prepared to support the continuity of instruction in the event of national or local emergencies that disrupt in-person schooling. (c) Educator workforce partnerships (1) In General An educator preparation program that receives a Resiliency Grant for educator workforce partnerships shall use grant funds to facilitate partnerships between the educator preparation program and at least one eligible entity in order to address shortages in certain subject matter fields in schools documented by the State educational agency where the educator preparation program is authorized to operate, by— (A) expanding pathways for individuals to become profession-ready educators; (B) expanding pathways for currently practicing educators to earn supplemental credentials or licenses, which may include— (i) certification in shortage areas or fields as identified by a State or local educational agency; or (ii) nationally recognized, standards-based advanced certification; or (C) ensuring that schools have adequate staffing to provide continuity of instruction in the event of national or local emergencies that disrupt in-person schooling. (2) Eligible entity In this subsection, the term eligible entity means— (A) a local educational agency; (B) a 2-year institution of higher education, which may include a community college; or (C) a 4-year institution of higher education. (3) Priority In awarding grants under this subsection, the Secretary shall prioritize proposals that create degree pathways for the purpose of increasing the number of individuals from groups that have been historically underrepresented in the field of education who pursue and attain profession-ready educator credentials. 244. Doctoral fellowships to prepare and diversify faculty in high-need areas at colleges of education (a) Grants by secretary The Secretary may make grants to eligible institutions to enable such institutions to make doctoral fellowship awards to qualified individuals in accordance with this section. (b) Eligible institutions In this section, the term eligible institution means an institution of higher education that offers a program of postbaccalaureate study leading to a doctoral degree. (c) Applications An eligible institution 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 reasonably require. (d) Types of fellowships supported (1) In general An eligible institution that receives a grant under this section shall use the grant funds to provide doctoral fellowships to individuals who are preparing for the professorate, including individuals from groups that are underrepresented in the field of education. (2) Types of study A doctoral fellowship provided under this section shall support an individual in pursuing postbaccalaureate study, which leads to a doctoral degree and may include a master’s degree as part of such study, related to teacher preparation and pedagogy in one of the following areas: (A) Science, technology, engineering, or mathematics, if the individual has completed a master's degree in mathematics or science and is pursuing a doctoral degree in mathematics, science, or education. (B) Special or exceptional student education. (C) The instruction of English learners, including postbaccalaureate study in language instruction educational programs. (e) Fellowship terms and conditions (1) Selection of fellows The Secretary shall ensure that an eligible institution that receives a grant under this section— (A) shall provide doctoral fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; (B) in providing fellowship awards under this section, shall give priority to individuals who are from groups that are underrepresented in the higher education professoriate, including people of color, and people with disabilities; and (C) may not provide a doctoral fellowship to an otherwise eligible individual— (i) during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or (ii) if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individual's progress toward the degree for which the fellowship support was provided. (2) Amount of fellowship awards (A) In general An eligible institution that receives a grant under this section shall award stipends to individuals who are provided graduate fellowships under this section. (B) Awards based on need A stipend provided under this section shall be in an amount equal to the level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient's demonstrated need, as determined by the institution of higher education where the fellowship recipient is enrolled. (3) Service requirement (A) Teaching required Each individual who receives a doctoral fellowship under this section shall teach for one year at an institution of higher education that has a teacher preparation program or a teacher or school leader residency or induction program for each year of fellowship support received under this section. (B) Institutional obligation Each eligible institution that receives a grant under this section shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to begin employment, within three years of receiving a doctoral degree, at an institution of higher education that has a teacher preparation program, as required by this section. (C) Agreement required Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A). (D) Failure to comply If an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart. (E) Modified service requirement The Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship— (i) because the individual is permanently and totally disabled at the time of the waiver request; or (ii) based on documentation presented to the Secretary of substantial economic or personal hardship. (f) Institutional support for fellows An eligible institution that receives a grant under this section may reserve not more than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the institutional obligation described in subsection (e)(3)(B). (g) Restriction on use of funds An eligible institution that receives a grant under this section may not use grant funds for general operational overhead of the institution. C National Activities 251. National Activities (a) In General The Secretary shall establish a Center for Educator Preparation to provide technical assistance relating to educator preparation and to support research and demonstration activities. (b) National evaluation of educator quality enhancement (1) Interim evaluation Not later than 3 years after the date of enactment of the EDUCATORS for America Act , the Secretary shall submit to Congress and make publicly available an interim report containing an evaluation of the effectiveness of the activities funded under this title in achieving the purposes of this title. (2) Final evaluation Not later than 6 years after the date of enactment of the EDUCATORS for America Act , the Secretary shall submit to Congress and make publicly available an interim report containing an evaluation of the effectiveness of the activities funded under this title in achieving the purposes of this title. D General Provisions 261. Limitations (a) Federal control prohibited Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title. (b) No change in state control encouraged or required Nothing in this title shall be construed to encourage or require any change in a State's treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (c) National system of teacher certification or licensure prohibited Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure. (d) Rule of construction Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . 4. Cost of attendance (a) In General Section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ) is amended— (1) by redesignating paragraphs (12) and (13) as paragraphs (13) and (14), respectively; and (2) by inserting after paragraph (11) the following: (12) for a student enrolled in an educator preparation program, reasonable costs associated with clinical experiences related to that program; . (b) FAFSA Simplification Section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ), as amended by title VII of division FF of the FAFSA Simplification Act ( Public Law 116–260 ), is amended— (1) in subsection (a)— (A) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (B) by inserting after paragraph (12) the following: (13) for a student enrolled in an educator preparation program, reasonable costs associated with clinical experiences related to that program; ; and (2) in subsection (c), by striking paragraphs (1) through (14) and inserting paragraphs (1) through (15) . 5. TEACH Grants Subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq. ) is amended to read as follows: 9 Teach Grants 420L. Definitions For the purposes of this subpart: (1) Eligible institution The term eligible institution means an institution of higher education, as defined in section 102, that the Secretary determines— (A) provides teacher preparation and professional development services, including extensive clinical experience as a part of pre-service preparation; (B) is financially responsible and is not subject to heightened cash monitoring or provisional certification; (C) provides pedagogical course work, or assistance in the provision of such coursework, including the monitoring of student performance, and formal instruction related to the theory and practices of teaching; and (D) provides supervision and support services to teachers, or assistance in the provision of such services, including mentoring focused on developing effective teaching skills and strategies. (2) Post-baccalaureate The term post-baccalaureate means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State in order for a teacher candidate to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State, except that such term shall not include any program of instruction offered by an eligible institution that offers a baccalaureate degree in education. (3) Teacher candidate The term teacher candidate means a student or teacher described in subparagraph (A) or (B) of section 420N(a)(2). 420M. Program established (a) Program authority (1) Payments required The Secretary shall pay to each eligible institution such sums as may be necessary to pay to each teacher candidate who files an application and agreement in accordance with section 420N, and who qualifies under paragraph (2) of section 420N(a), a TEACH Grant in the amount of $8,000 for each year during which that teacher candidate is in attendance at the institution. (2) References Grants made under paragraph (1) shall be known as Teacher Education Assistance for College and Higher Education Grants or TEACH Grants . (b) Payment methodology (1) Prepayment Not less than 85 percent of any funds provided to an eligible institution under subsection (a) shall be advanced to the eligible institution prior to the start of each payment period and shall be based on an amount requested by the institution as needed to pay teacher candidates until such time as the Secretary determines and publishes in the Federal Register with an opportunity for comment, an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment. (2) Direct payment Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to teacher candidates, in advance of the beginning of the academic term, an amount for which teacher candidates are eligible, in cases in which the eligible institution elects not to participate in the disbursement system required by paragraph (1). (3) Distribution of grants to teacher candidates Payments under this subpart shall be made, in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purposes of this subpart. Any disbursement allowed to be made by crediting the teacher candidate’s account shall be used for the full cost of attendance (as defined in section 472). (c) Reductions in amount (1) Part-time students In any case in which a teacher candidate attends an eligible institution on less than a full-time basis (including a teacher candidate who attends an eligible institution on less than a half-time basis) during any year, the amount of a grant under this subpart for which that teacher candidate is eligible shall be reduced in proportion to the degree to which that teacher candidate is not attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this subpart, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 482 of this Act. (2) No exceeding cost The amount of a grant awarded under this subpart, in combination with Federal assistance and other assistance the student may receive, shall not exceed the cost of attendance (as defined in section 472) at the eligible institution at which that teacher candidate is in attendance. (d) Period of eligibility for grants (1) Undergraduate and post-baccalaureate students The period during which an undergraduate or post-baccalaureate student may receive grants under this subpart shall be the period required for the completion of the first undergraduate baccalaureate or post-baccalaureate course of study being pursued by the teacher candidate at the eligible institution at which the teacher candidate is in attendance, except that— (A) any period during which the teacher candidate is enrolled in a noncredit or remedial course of study as described in paragraph (3) shall not be counted for the purpose of this paragraph; and (B) the total amount that a teacher candidate may receive under this subpart for undergraduate or post-baccalaureate study shall not exceed $40,000. (2) Graduate students The period during which a graduate student may receive grants under this subpart shall be the period required for the completion of a master’s degree course of study pursued by the teacher candidate at the eligible institution at which the teacher candidate is in attendance, except that the total amount that a teacher candidate may receive under this subpart for graduate study shall not exceed $16,000. (3) Remedial course; study abroad Nothing in this section shall be construed to exclude from eligibility courses of study which are noncredit or remedial in nature (including courses in English language acquisition) which are determined by the eligible institution to be necessary to help the teacher candidate be prepared for the pursuit of a first undergraduate baccalaureate or post-baccalaureate degree or certificate or, in the case of courses in English language instruction, to be necessary to enable the teacher candidate to use already existing knowledge, training, or skills. Nothing in this section shall be construed to exclude from eligibility programs of study abroad that are approved for credit by the home institution at which the teacher candidate is enrolled. (e) Institutional eligibility Notwithstanding subsections (a) and (b), an institution shall not be eligible to participate in the TEACH grant program under this subpart for a period of 3 years, and shall be required to submit an application to regain eligibility after that 3 year period, if for a period of 3 consecutive years, 50 percent or more of the TEACH grant recipients who are graduates of that institution have TEACH grants converted to loans under section 420N(c)(1). 420N. Applications; eligibility (a) Applications; demonstration of eligibility (1) Filing required The Secretary shall periodically set dates by which teacher candidates shall file applications for grants under this subpart. Each teacher candidate desiring a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart. (2) Demonstration of teach grant eligibility Each application submitted under paragraph (1) shall contain such information as is necessary to demonstrate that— (A) if the applicant is an enrolled student— (i) the student is an eligible student for purposes of section 484; and (ii) the student is completing coursework and other requirements necessary to begin a career in teaching, or plans to complete such coursework and requirements prior to graduating; or (B) if the applicant is a current or prospective teacher applying for a grant to obtain a graduate degree— (i) the applicant is a teacher or a retiree from another occupation with expertise in a field in which there is a shortage of teachers, such as mathematics, science, special education, English language acquisition, or another high-need subject; (ii) the applicant is or was a teacher who is using evidence-based alternative certification routes; or (iii) the applicant is a practicing teacher in another field and is pursuing an additional credential in a field in which there is a shortage of teachers, such as mathematics, science, special education, English language acquisition, or another high-need subject. (b) Agreements To serve Each application under subsection (a) shall contain or be accompanied by an agreement by the applicant that— (1) the applicant will— (A) serve as a full-time teacher for a total of not less than 4 academic years within 8 years after completing the course of study for which the applicant received a TEACH Grant under this subpart (referred to in this section as the service obligation window ); (B) teach in a school described in section 465(a)(2)(A); (C) teach in any of the following fields— (i) mathematics; (ii) science; (iii) a foreign language; (iv) bilingual education; (v) special education; (vi) as a reading specialist; (vii) early childhood education; or (viii) another field documented as high-need by the Federal Government, State government, or local educational agency, and approved by the Secretary; and (D) submit evidence of such employment in the form of a certification by the chief administrative officer of the school upon completion of each year of such service; (2) in the event that the applicant is determined to have failed or refused to carry out such service obligation, an amount (which shall be a pro-rated amount for partial service) of any TEACH Grants received by such applicant will be treated as a loan and collected from the applicant in accordance with subsection (c) and the regulations thereunder; and (3) contains, or is accompanied by, a plain-language disclosure form developed by the Secretary that clearly describes the nature of the TEACH Grant award, the service obligation, and the loan repayment requirements that are the consequence of the failure to complete the service obligation. (c) Repayment for failure To complete service (1) In general If any recipient of a grant under this subpart fails or refuses to comply with some or all of the service obligation in the agreement under subsection (b)— (A) the Secretary shall determine the proportion of the total amount of time of the service obligation that the recipient has failed or refused to complete; and (B) the Secretary shall determine, on a pro-rated basis and based on the proportion described in subparagraph (A), the amounts of any TEACH Grants received by such recipient that shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Stafford Loan under part D of title IV (except that such loan shall not begin to accrue interest until the time of conversion) and shall ensure that those amounts are subject to repayment, in accordance with terms and conditions specified by the Secretary in regulations under this subpart. (2) Loan deferment In the case of a TEACH grant recipient whose grant has been converted to a Federal Direct loan under part D in accordance with paragraph (1) and who is, at the time of such conversion, teaching in an elementary or secondary school that is not a school described in section 465(a)(2)(A), the Secretary shall— (A) issue that recipient a deferment for a period of not more than 3 years, during which time periodic installments on such loan need not be paid and interest shall be paid by the Secretary; and (B) ensure that such recipient is enrolled in the loan credit program under section 460, if eligible. (d) Additional administrative provisions (1) Changes to school or designation (A) Change of high-need designation field If a recipient of an initial grant under this subpart has acquired an academic degree, or expertise, in a field that was, at the time of the recipient’s application for that grant, designated as high need in accordance with subsection (b)(1)(C)(viii), but is no longer so designated, the grant recipient may fulfill the service obligation described in subsection (b)(1) by teaching in that field. (B) Change of high-need designation field or school Notwithstanding subsection (b), if a recipient of a grant under this subpart begins teaching at a school described in subsection (b)(1)(B) and in a field described in subsection (b)(1)(C) during the service obligation window, but such school or field later is no longer designated under subsection (b), the grant recipient may fulfill the service obligation described in subsection (b)(1) by continuing to teach in that school and field and completing the required period of service within the service obligation window. (2) Extenuating circumstances The Secretary shall establish, by regulation, categories of extenuating circumstances under which a recipient of a grant under this subpart who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation. (3) Extension of service obligation window The Secretary shall extend the service obligation window of a TEACH grant recipient for a period of not more than 3 additional years, if that recipient has experienced an event described in section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ). 420O. Program period and funding Beginning on July 1, 2008, there shall be available to the Secretary to carry out this subpart, from funds not otherwise appropriated, such sums as may be necessary to provide TEACH Grants in accordance with this subpart to each eligible applicant. 420P. Reports to authorizing committees (a) Program report Not later than two years after the date of enactment of the EDUCATORS for America Act and every 2 years thereafter, the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and students served by recipients of such grants. Such report shall take into consideration information related to— (1) the number of TEACH grant recipients; (2) the degrees obtained by such recipients; (3) the location, including the school, local educational agency, and State, where the recipients completed the service agreed to under section 420N(b) and the subject taught; (4) the duration of such service; and (5) any other data necessary to conduct such evaluation. (b) Annual report Not later than 1 year after the date of enactment of the EDUCATORS for America Act and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a report containing information about the following in the period since the last report was submitted: (1) The number of TEACH grants converted to loans under section 420N(c)(1). (2) The number of such grant conversions that were reversed in accordance with section 420N(c)(2). (3) The number of contacts or complaints to the Department of Education or the Consumer Financial Protection Bureau (including through any ombudsman) received from a TEACH grant recipient, and the resolutions of those contacts or complaints. (4) Demographic information about recipients of TEACH grants, including race, ethnicity, and gender. 420Q. Servicer accountability The Secretary shall prescribe such regulations as may be necessary to ensure accurate administrative oversight and appropriate penalties for third party servicers in order to ensure that— (1) those servicers properly perform their contractual obligations with respect to this subpart; and (2) those servicers are held responsible with respect to the loss of benefits of TEACH grant recipients due to servicer failures. . 6. Loan credit for educators (a) Loan credit for educators Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended to read as follows: 460. Loan credit for eligible educator borrowers (a) Statement of purpose It is the purpose of this section to encourage individuals to enter and continue in the education profession. (b) Program authorized Beginning not later than 1 year after the date of enactment of the EDUCATORS for America Act , the Secretary shall carry out a program of applying monthly credits in accordance with subsection (c) for covered loans for any new borrower on or after October 1, 1998, who is an eligible educator borrower. (c) Qualified loan amounts (1) In general (A) Amount of credit For every eligible educator borrower enrolled in an income contingent or income-based repayment plan (including plans under section 493C or section 455(d)(1)(D)), the Secretary shall apply a monthly credit for each month of covered service (including past covered service on or after the date of enactment of the EDUCATORS for America Act ) to the balance of interest and principal due on any covered loan for that eligible educator borrower in an amount that, when added to the monthly payment required from the borrower, would be equal to the monthly payment amount that would repay the borrower’s original balance and accrued interest on the basis of a 10-year amortization schedule. (B) Covered service With respect to monthly credits described in subparagraph (A), covered service means full-time employment as an educator beginning on or after the date of enactment of the EDUCATORS for America Act . (2) Amounts for high-need service (A) Educators in high-need schools Subject to subparagraph (C), and in addition to any amount specified in paragraph (1) for which a borrower is eligible, the Secretary shall apply a monthly non-refundable credit (including for past covered service) in the amount of $90 for not more than 60 months to the balance of interest and principal due on any covered loan (or until such loan obligation is fulfilled) for each month that a borrower is an eligible educator borrower in the case of— (i) an eligible educator borrower who is employed as a full-time educator in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; or (ii) an eligible educator borrower who is employed as an elementary school or secondary school educator and meets the requirements of subsection (g)(1). (B) Teachers in mathematics, science, or special education Subject to subparagraph (C), and in addition to any amount specified in paragraph (1) for which a borrower is eligible, the Secretary shall apply a monthly non-refundable credit (including for past covered service) in the amount of $300 for not more than 60 months to the balance of interest and principal due on any covered loan (or until such loan obligation is fulfilled) for each month that a borrower is an eligible educator borrower in the case of— (i) a secondary school teacher— (I) who is an eligible educator borrower; and (II) whose qualifying employment for purposes of this section is teaching mathematics or science on a full-time basis; and (ii) an elementary school or secondary school teacher— (I) who is an eligible educator borrower; (II) whose qualifying employment for purposes of this section is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (III) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, or, in the case of a teacher who is employed by an educational service agency, as certified by the chief administrative officer of such agency, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching. (C) Rules for high-need service (i) Limitation on additional benefits An eligible educator borrower shall not receive the credit amounts under both subparagraphs (A) and (B). In the case of an eligible educator borrower who may otherwise be eligible for both additional credit amounts, that borrower shall receive the additional credit amount described in subparagraph (B). (ii) Eligibility A borrower shall be eligible to receive credit amounts under subparagraph (A) or (B) regardless of the borrower's repayment plan. A borrower shall not be required to be enrolled in an income contingent or income-based repayment plan to receive credit amounts under subparagraph (A) or (B). (D) Covered service (i) High-need schools With respect to monthly credits described in subparagraph (A), covered service means full-time employment completed after October 1, 1998— (I) as an educator at a school or location described in clause (i) or (ii) of such subparagraph; or (II) which would have been considered qualifying service for the benefits under this section as in effect on the day before the date of enactment of the EDUCATORS for America Act . (ii) High-need fields With respect to monthly credits described in subparagraph (B), covered service means full-time employment completed after October 1, 1998— (I) as a teacher described in clause (i) or (ii) of such subparagraph; or (II) which would have been considered qualifying service for the benefits under this section as in effect on the day before the date of enactment of the EDUCATORS for America Act . (d) Regulations The Secretary is authorized to promulgate such regulations as may be necessary to carry out the provisions of this section, including regulations— (1) to facilitate the transition of the program carried out under this section as in effect on the day before the date of enactment of the EDUCATORS for America Act ; and (2) to ensure that educators receive credits for past eligible service which may have been completed before the date of enactment of the EDUCATORS for America Act , except that borrowers shall not be eligible to receive both loan cancellation under this section as in effect before such date of enactment and loan credits under this section after such date of enactment. (e) Construction Nothing in this section shall be construed to authorize any refunding of any amounts credited to a loan in accordance with this section. (f) List If the list of schools in which an educator may perform service pursuant to subsection (c)(2)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. (g) Additional eligibility provisions (1) Continued eligibility Any educator who performs service in a school that— (A) meets the requirements of subsection (c)(2)(A) in any year during such service; and (B) in a subsequent year fails to meet the requirements of such subsection, may continue to serve as an educator in such school and shall be eligible for the additional monthly credit amount pursuant to subsection (c)(2)(A). (2) Prevention of double benefits No borrower may, for the same voluntary service, receive a benefit under both this section and— (A) section 428J; (B) section 428K; or (C) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (h) Definitions (1) Covered loan (A) In General Subject to subparagraph (B), the term covered loan means a loan that is not in default that is— (i) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan, under this part; or (ii) a loan amount for a Federal Direct Consolidation Loan only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan under this part. (B) Exclusion of parent PLUS loans A covered loan does not include any of the following loans under this part: (i) A Federal Direct PLUS Loan made to the parents of a dependent student. (ii) A loan made under section 455(g), to the extent that such loan was used to repay— (I) a loan made to the parents of a dependent student under section 428B; or (II) a Federal Direct PLUS Loan made to the parents of a dependent student. (2) Eligible educator borrower In this section, the term eligible educator borrower means an individual who is employed on a full-time basis as an educator, as defined under section 200. (3) Year For the purpose of this section, the term year where applied to service as a teacher means an academic year as defined by the Secretary. . (b) Technical amendment Section 455(m)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(4) ) is amended by striking , or 460 . (c) Report to Congress Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to Congress a report containing information about the impact of the amendment made under subsection (a), which shall include data on the participation rate of eligible borrowers, the dollar amount of benefits to participants, and the performance of servicers. | https://www.govinfo.gov/content/pkg/BILLS-117s3360is/xml/BILLS-117s3360is.xml |
117-s-3361 | II 117th CONGRESS 1st Session S. 3361 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Markey (for himself, Ms. Baldwin , Mr. Schumer , Ms. Hirono , Mr. Blumenthal , Ms. Klobuchar , Mr. Merkley , Mrs. Gillibrand , Mr. Van Hollen , Mr. Sanders , Mr. Murphy , Mr. Wyden , Mrs. Feinstein , Ms. Warren , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to modify the definition of franchise fee, and for other purposes.
1. Short title This Act may be cited as the Protecting Community Television Act . 2. Modifying the definition of franchise fee Section 622(g)(1) of the Communications Act of 1934 ( 47 U.S.C. 542(g)(1) ) is amended— (1) by striking includes and inserting means ; and (2) by inserting other monetary before assessment . | https://www.govinfo.gov/content/pkg/BILLS-117s3361is/xml/BILLS-117s3361is.xml |
117-s-3362 | II 117th CONGRESS 1st Session S. 3362 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Warnock (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Healthy People Maternal, Infant, and Child Health Workgroup and the Maternal Health Working Group to establish a formal coordinated approach for monitoring maternal health efforts across the Department of Health and Human Services.
1. Short title This Act may be cited as the Improving Coordination for Healthy Moms Act . 2. Coordinated maternal health efforts The Healthy People Maternal, Infant, and Child Health Workgroup and the Maternal Health Working Group shall provide recommendations to the Secretary of Health and Human Services (referred to in this section as the Secretary ) for establishing a formal coordinated approach for monitoring maternal health efforts across the Department of Health and Human Services, including in rural and underserved areas, and the Secretary, not later than 1 year after the date of enactment of this Act, shall establish such an approach. Such approach may include establishing a process for exchanging information and discussing relevant program efforts and outcomes across the agency, during regular standing meetings, on a routine basis. | https://www.govinfo.gov/content/pkg/BILLS-117s3362is/xml/BILLS-117s3362is.xml |
117-s-3363 | II 117th CONGRESS 1st Session S. 3363 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Moran (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 135 West Wisconsin Street in Russell, Kansas, as the Robert J. Dole Memorial Post Office Building .
1. Robert J. Dole Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 135 West Wisconsin Street in Russell, Kansas, shall be known and designated as the Robert J. Dole Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Robert J. Dole Memorial Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s3363is/xml/BILLS-117s3363is.xml |
117-s-3364 | II 117th CONGRESS 1st Session S. 3364 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a study on the transmission of respiratory syncytial virus transmission in schools and daycare facilities.
1. Short title This Act may be cited as the Respiratory Syncytial Virus (RSV) Impact Act . 2. Finding Congress finds that, according to the Centers for Disease Control and Prevention, each year in the United States, respiratory syncytial virus leads to nearly 2,100,000 outpatient visits from children under the age of 5 years old, leading to approximately 58,000 hospitalizations within this population. 3. Study on RSV transmission The Secretary of Health and Human Services shall seek to enter into a contract with the National Academy of Sciences, under which such National Academy studies respiratory syncytial virus transmission in schools and daycare facilities and the impact such virus has on the economy, including through parents' absences from work, and reports to Congress on the findings of such study. | https://www.govinfo.gov/content/pkg/BILLS-117s3364is/xml/BILLS-117s3364is.xml |
117-s-3365 | II 117th CONGRESS 1st Session S. 3365 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To eliminate certain requirements with respect to dredging and dredged material, and for other purposes.
1. Short title This Act may be cited as the Incentivizing the Expansion of U.S. Ports Act . 2. Dredging; dredged material (a) Dredging Section 55109(a)(3) of title 46, United States Code, is amended— (1) by striking , or is exempt and inserting , is exempt ; and (2) by striking the period at the end and inserting , or is otherwise eligible for such a certificate and endorsement without regard to the requirement under section 12112(a)(2) . (b) Excluding dredged material from transportation requirements (1) In general Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material ; and (B) by striking or dredged material . (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material. . | https://www.govinfo.gov/content/pkg/BILLS-117s3365is/xml/BILLS-117s3365is.xml |
117-s-3366 | II 117th CONGRESS 1st Session S. 3366 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To permit the use of NATO and major non-NATO ally dredge ships in the United States.
1. Short title This Act may be cited as the Allied Partnership and Port Modernization Act . 2. Dredging; dredged material (a) Dredging Section 55109 of title 46, United States Code, is amended— (1) in subsection (a), by inserting or (c) after subsection (b) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Dredging by NATO-Affiliated vessels (1) In general A vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States. (2) Vessels A vessel described in this paragraph is a vessel— (A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; (B) built by a country that is a member of the North Atlantic Treaty Organization or a major non-NATO ally (as defined in section 2350a(i) of title 10); and (C) for which a majority of the owners and operators of the vessel are entities incorporated in a country that is a member of the North Atlantic Treaty Organization. . (b) Excluding dredged material from transportation requirements (1) In general Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material and inserting (excluding dredged material) ; and (B) by striking or dredged material and inserting (excluding dredged material) . (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material (excluding dredged material). . | https://www.govinfo.gov/content/pkg/BILLS-117s3366is/xml/BILLS-117s3366is.xml |
117-s-3367 | II 117th CONGRESS 1st Session S. 3367 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To repeal the requirements of the Foreign Dredge Act of 1906 with respect to dredging and dredged material.
1. Short title This Act may be cited as the Port Modernization and Supply Chain Protection Act . 2. Dredging; dredged material (a) Repeal (1) In general Section 55109 of title 46, United States Code, is repealed. (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55109. (b) Excluding dredged material from transportation requirements (1) In general Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material ; and (B) by striking or dredged material . (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material. . | https://www.govinfo.gov/content/pkg/BILLS-117s3367is/xml/BILLS-117s3367is.xml |
117-s-3368 | II 117th CONGRESS 1st Session S. 3368 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Cornyn 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 submit to Congress a report on the Veterans Integration to Academic Leadership program of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the VITAL Assessment Act of 2021 . 2. Veterans integration to academic leadership program of the Department of Veterans Affairs (a) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs 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 Veterans Integration to Academic Leadership program of the Department of Veterans Affairs. (2) Contents The report required by paragraph (1) shall include the following: (A) The number of medical centers of the Department, institutions of higher learning, noncollege degree programs, and student veterans supported by the program, and relevant trends since the program began. (B) The staff and resources allocated to the program, and relevant trends since the program began. (C) An assessment of the outcomes and effectiveness of the program in— (i) supporting student veterans; (ii) connecting student veterans to needed services of the Department or services provided by non-Department entities; (iii) addressing the mental health needs of student veterans; (iv) lowering the suicide risk of student veterans; and (v) helping student veterans achieve educational goals. (D) An assessment of barriers to expanding the program and how the Secretary intends to address such barriers. (E) An assessment of whether the program should be expanded outside of the Office of Mental Health and Suicide Prevention to support student veterans with needs unrelated to mental health or suicide. (b) Uniform best practices, goals, and measures The Secretary shall establish best practices, goals, and measures for the Veterans Integration to Academic Leadership program of the Department that are uniform among the medical centers of the Department. (c) Outreach The Secretary shall conduct outreach among the Armed Forces, veterans service organizations, institutions of higher learning, and non-college degree programs with respect to the Veterans Integration to Academic Leadership program of the Department. (d) Assessment The Secretary shall assess the feasibility and advisability of including the suicide rate for student veterans in the National Veteran Suicide Prevention Annual Report of the Office of Mental Health and Suicide Prevention of the Department. (e) Definitions In this section: (1) Institution of higher learning The term institution of higher learning has the meaning given that term in section 3452 of title 38, United States Code. (2) Student veteran The term student veteran means the following: (A) A veteran or member of the Armed Forces using educational assistance under any of the following provisions of law: (i) Chapter 30, 31, 32, or 33 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code. (ii) Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 ; 38 U.S.C. 3001 note). (iii) Section 8006 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 38 U.S.C. 3001 note prec.). (B) A veteran who is enrolled in an institution of higher learning or other training program, without regard to whether the veteran is using educational assistance specified in subparagraph (A). | https://www.govinfo.gov/content/pkg/BILLS-117s3368is/xml/BILLS-117s3368is.xml |
117-s-3369 | II 117th CONGRESS 1st Session S. 3369 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Warnock (for himself, Mr. Ossoff , Mr. Grassley , Mr. Reed , Mr. Leahy , Mr. Schumer , Ms. Stabenow , Mr. Inhofe , Ms. Collins , Mrs. Murray , Mr. Wyden , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center .
1. Short title This Act may be cited as the Max Cleland VA Medical Center Act . 2. Findings Congress finds the following: (1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia. (2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master’s Degree in history from Emory University in Atlanta, Georgia. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant’s Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. (7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975. (8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals. (9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans’ Affairs of the United States Senate. (10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration. (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post-traumatic stress disorder in veterans suffering the invisible wounds of war. (13) Joseph Maxwell Cleland was elected in 1982 as Secretary of State of Georgia, the youngest individual to hold the office, and served in that position for 14 years. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia’s military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (16) In 2002, Joseph Maxwell Cleland was appointed to the 9/11 Commission. (17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (22) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and members of the Armed Forces of the United States. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 3. Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center or the Joseph Maxwell Cleland Atlanta VA Medical Center . (b) Reference Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. | https://www.govinfo.gov/content/pkg/BILLS-117s3369is/xml/BILLS-117s3369is.xml |
117-s-3370 | II 117th CONGRESS 1st Session S. 3370 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Lee (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To release the reversionary interest of the United States in certain non-Federal land in Salt Lake City, Utah, and for other purposes.
1. Short title This Act may be cited as the University of Utah Research Park Act . 2. Release of reversionary interest of the United States in non-Federal land in Salt Lake City, Utah (a) Release There is released to the University of Utah, without consideration, the reversionary interest of the United States in the non-Federal land described in subsection (b). (b) Description of non-Federal land The non-Federal land referred to in subsection (a) is the approximately 593 acres of land of the University of Utah— (1) identified in the patent— (A) numbered 43–99–0012; and (B) dated October 18, 1968; and (2) more particularly described as tracts D (excluding the parcels numbered 1, 2, 3, 4, and 5), G, and J, T. 1 S., R. 1 E., Salt Lake Meridian. | https://www.govinfo.gov/content/pkg/BILLS-117s3370is/xml/BILLS-117s3370is.xml |
117-s-3371 | II 117th CONGRESS 1st Session S. 3371 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, and for other purposes.
1. Short title This Act may be cited as the Land and Water Conservation Fund Amendments Act of 2021 . 2. Financial assistance to States for water quality projects Section 200305 of title 54, United States Code, is amended— (1) in subsection (a), in the second sentence, by inserting and water quality improvement after outdoor recreation ; (2) in subsection (d), by adding at the end the following: (5) Water quality A comprehensive statewide outdoor recreation plan shall identify— (A) any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(d) ); and (B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A). ; and (3) in subsection (e)— (A) in the heading, by striking and development of basic outdoor recreation facilities and inserting , development of basic outdoor recreation facilities, and conduct of water quality projects ; (B) in paragraph (1), by striking and (3) and inserting , (3), and (4) ; and (C) by adding at the end the following: (4) Water quality projects (A) Definition of water quality project In this paragraph, the term water quality project means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(d) ) as being impaired. (B) Financial assistance Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. (C) Non-federal share credit The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. (D) Consultation The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. (E) Limitations (i) In general In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as— (I) wetlands; (II) marshes; (III) living shorelines; (IV) near-shore estuarine waters; or (V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. (ii) No reimbursement Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. (iii) Effect Nothing in this paragraph— (I) expands the authority of the Federal Government over nonnavigable waters; or (II) authorizes the Secretary to regulate the conduct of water quality projects. . | https://www.govinfo.gov/content/pkg/BILLS-117s3371is/xml/BILLS-117s3371is.xml |
117-s-3372 | II 117th CONGRESS 1st Session S. 3372 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Braun (for himself and Mr. Rubio ) 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 strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.
1. Benefits for certain children of Vietnam veterans and certain other veterans (a) Definitions Section 1831 of title 38, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following new paragraphs: (2) The term covered child means a child who is eligible for health care and benefits under this chapter. (3) The term covered veteran means an individual whose children are eligible for health care and benefits under this chapter. . (b) In general Subchapter IV of chapter 18 of title 38, United States Code, is amended by adding at the end the following new sections: 1835. Advisory council (a) In general The Secretary shall establish an advisory council on health care and benefits for covered children. (b) Duties The advisory council established under subsection (a) shall solicit feedback from covered children and covered veterans on the health care and benefits provided under this chapter and communicate such feedback to the Secretary. 1836. Care and coordination teams (a) In general The Secretary shall establish care and coordination teams for covered children. (b) Outreach A care and coordination team established under subsection (a) shall contact each covered child— (1) not less frequently than once every 180 days, to ensure the continued care of the child and assist with any changes in care needed due to a changed situation of the child; and (2) as soon as practicable after the identification of a condition listed in the report required by subsection (c). (c) Report Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a list of conditions that will trigger outreach to covered children under subsection (b)(2). 1837. Duration of health care and benefits provided The Secretary shall provide a covered child with health care and benefits under this chapter— (1) for the duration of the life of the child; and (2) notwithstanding any death of a parent of the child that precedes the death of the child. . (c) Memorandum of understanding Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Benefits of the Department of Veterans Affairs and the Under Secretary for Health of the Department shall enter into a memorandum of understanding— (1) to better assist covered children (as defined in section 1831 of title 38, United States Code, as amended by subsection (a)); and (2) to establish conditions to be included in the report required by section 1836(c) of title 38, United States Code, as added by subsection (b). (d) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish— (1) the advisory council required under section 1835 of title 38, United States Code, as added by subsection (b); and (2) the care and coordination teams required under section 1836 of such title, as so added. (e) Clerical amendment The table of sections at the beginning of chapter 18 of title 38, United States Code, is amended by adding at the end the following new items: 1835. Advisory council. 1836. Care and coordination teams. 1837. Duration of health care and benefits provided. . | https://www.govinfo.gov/content/pkg/BILLS-117s3372is/xml/BILLS-117s3372is.xml |
117-s-3373 | II 117th CONGRESS 1st Session S. 3373 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Kaine (for himself, Mr. Tester , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the Iraq and Afghanistan Service Grant and the Children of Fallen Heroes Grant.
1. Short title This Act may be cited as the Protecting Our Gold Star Families Education Act . 2. Improving Iraq and Afghanistan Service Grant and Children of Fallen Heroes Grant (a) Technical amendment relating to Iraq and Afghanistan Service Grant and Children of Fallen Heroes Grant Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended— (1) in section 401— (A) in subsection (c)— (i) in paragraph (2)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (ii) in paragraph (3)(A), by striking (2)(B)(i) and inserting (2)(A)(i) ; (iii) by redesignating paragraph (5) as paragraph (7); and (iv) by inserting after paragraph (4) the following: (5) Prevention of double benefits No eligible student described in paragraph (2) may concurrently receive a grant under both this subsection and subsection (b). (6) Terms and conditions The Secretary shall award grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (b), except that— (A) the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (b)(1) shall not apply to grants made under this subsection; and (B) the maximum period determined under subsection (d)(5) shall be determined by including all grants made under this section received by the eligible student and all grants so received under subpart 10 before the effective date of this subsection. ; and (2) by striking section 420R ( 20 U.S.C. 1070h ). (b) Effective date The amendments made by subsection (a) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and subject to the effective date of section 701(b) of such Act. (c) Transition The Secretary shall take such steps as are necessary to transition from the Iraq and Afghanistan Service Grant program under subpart 10 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070h ), as in effect on the day before the effective date of this section, and the provision of Federal Pell Grants under section 401(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(c) ), as amended by the FAFSA Simplification Act and this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3373is/xml/BILLS-117s3373is.xml |
117-s-3374 | II 117th CONGRESS 1st Session S. 3374 IN THE SENATE OF THE UNITED STATES December 9, 2021 Ms. Klobuchar (for herself, Ms. Murkowski , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the COPS ON THE BEAT grant program.
1. Short title This Act may be cited as the COPS Reauthorization Act of 2021 . 2. Reauthorization of COPS ON THE BEAT grant program Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(11)(A) ) is amended by striking $1,047,119,000 for each of fiscal years 2006 through 2009 and inserting $651,000,000 for each of fiscal years 2022 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s3374is/xml/BILLS-117s3374is.xml |
117-s-3375 | II 117th CONGRESS 1st Session S. 3375 IN THE SENATE OF THE UNITED STATES December 9, 2021 Mr. Wicker (for himself, Ms. Rosen , Ms. Cortez Masto , Ms. Klobuchar , Mr. King , Mr. Blunt , Mr. Sullivan , 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 promote travel and tourism in the United States, to improve the health safety and security of international flights entering the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Omnibus Tourism 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. Defined term. TITLE I—Travel Promotion Sec. 101. Short title. Sec. 102. Purposes. Sec. 103. Sense of Congress. Sec. 104. Assistant Secretary for Travel and Tourism. Sec. 105. Responsibilities of the Assistant Secretary of Commerce for Travel and Tourism. Sec. 106. Travel and tourism strategy. Sec. 107. United States Travel and Tourism Advisory Board. TITLE II—Travel Safety Subtitle A—Health safety Sec. 201. Study and report on effects of COVID–19 pandemic on travel and tourism industry in United States. Sec. 202. Ensuring Health Safety in the Skies. Sec. 203. Feasibility study on the use of canine units to detect COVID–19 at airports. Subtitle B—One-Stop security Sec. 211. Short title. Sec. 212. Definitions. Sec. 213. Pilot Program for One-Stop Security. 2. Defined term In this Act, the term COVID–19 public health emergency — (1) means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (2) includes any renewal of such declaration pursuant to such section 319. I Travel Promotion 101. Short title This title may be cited as the Visit America Act . 102. Purposes The purposes of this title are— (1) to support the travel and tourism industry, which produces economic impacts that are vital to our national economy; (2) to address the recent decline in the number of international travelers who visit the United States; and (3) to establish national goals for international visitors to the United States, including— (A) recommendations for achieving such goals and timelines for implementing such recommendations; (B) coordination between Federal and State agencies; (C) the resources needed by each Government agency to achieve such goals; and (D) the number of international visitors and the value of national travel exports. 103. Sense of Congress It is the sense of Congress that— (1) setting a national goal for the number of international visitors is vital for aligning Federal tourism policy to support American jobs and economic growth; (2) setting a national goal for travel exports is vital for aligning Federal tourism policy to support American jobs, increase travel exports, and improve our Nation’s balance of trade; (3) the travel industry is an essential part of the United States services exports with respect to business, education, medical, and leisure travel; (4) the promotion of travel and visitation by the Corporation for Travel Promotion (doing business as Brand USA ) is vital to increasing visitation and articulating the visitation laws of the United States; and (5) there is an urgent need for a coordinated travel and tourism industry response and strategy to respond to the current state of such industry and future unforeseen circumstances that may impact the travel and tourism industry. 104. Assistant Secretary for Travel and Tourism Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat. 1382; 5 U.S.C. App.) is amended— (1) by striking There shall be in the Department two additional Assistant Secretaries and inserting (1) There shall be in the Department 3 additional Assistant Secretaries, including the Assistant Secretary of Commerce for Travel and Tourism, ; and (2) by adding at the end the following: (2) The Assistant Secretary of Commerce for Travel and Tourism shall— (A) be appointed by the President, subject to the advice and consent of the Senate; and (B) report directly to the Under Secretary for International Trade. . 105. Responsibilities of the Assistant Secretary of Commerce for Travel and Tourism (a) Visitation goals The Assistant Secretary of Commerce for Travel and Tourism (referred to in this section as the Assistant Secretary ), appointed pursuant to section 2(d) of the Reorganization Plan Numbered 3 of 1979, as amended by section 104, shall— (1) establish an annual goal, consistent with the goals of the travel and tourism strategy developed pursuant to section 106(1), for— (A) the number of international visitors to the United States; and (B) the value of travel exports; (2) develop recommendations for achieving the annual goals established pursuant to paragraph (1); (3) ensure that travel and tourism policy is developed in consultation with— (A) the Tourism Policy Council; (B) the Secretary of Homeland Security; (C) the National Travel and Tourism Office; (D) Brand USA; (E) the United States Travel and Tourism Advisory Board; and (F) travel industry partners, including public and private destination marketing organizations, travel and tourism suppliers, and labor representatives from these industries; (4) establish short, medium, and long-term timelines for implementing the recommendations developed pursuant to paragraph (2); (5) conduct Federal agency needs assessments to identify the resources, statutory or regulatory changes, and private sector engagement needed to achieve the annual visitation goals; and (6) provide assessments and recommendations to— (A) the Committee on Commerce, Science, and Transportation of the Senate ; (B) the Committee on Energy and Commerce of the House of Representatives ; and (C) the public through a publicly accessible website. (b) Visa adjudication The Assistant Secretary, in consultation with the Secretary of State and the Secretary of Homeland Security, shall— (1) explore strategies for improving visitor visa processing with respect to— (A) the maximum time for processing visas, by visitation type; (B) regulatory and policy changes needed to meet the visa processing goals referred to in subparagraph (A), including changes regarding technology, processing centers, and training; and (C) streamlining visa applications and adjudications, including application design and data collection procedures; and (2) explore opportunities to establish pilot programs to integrate technology into the visitor visa adjudication process, including video conferencing and biometrics. (c) Domestic travel The Assistant Secretary shall— (1) evaluate, on an ongoing basis, domestic policy options for supporting competitiveness with respect to the strengths, weaknesses, and growth of the domestic travel industry; (2) develop recommendations and goals to support and enhance domestic tourism, separated by business and leisure; and (3) engage public and private stakeholders to support domestic tourism. (d) Workforce The Assistant Secretary shall— (1) consult with the Secretary of Labor to develop strategies and best practices for improving the timeliness and reliability of travel and tourism workforce data; (2) work with the Secretary of Labor and the Bureau of Economic Analysis to improve travel and tourism industry data; and (3) provide recommendations for policy enhancements and streamlining. (e) Travel export promotion The Assistant Secretary, in coordination with the Assistant Secretary of Commerce for Global Markets and the Director General of the United States and Foreign Commercial Service, shall work to promote and facilitate travel exports abroad and ensure competitiveness by— (1) promoting meetings, incentives, conferences, and exhibitions; (2) emphasizing rural and other destinations rich in cultural heritage or ecological tourism, among other uniquely American destinations; and (3) promoting sports and recreation events and activities, which shall be hosted in the United States. (f) Travel security The Assistant Secretary shall investigate and provide recommendations to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Energy and Commerce of the House of Representatives , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives regarding initiating, utilizing, or expanding existing security programs to better meet the needs of the United States travel and tourism industry, including— (1) the Visa Waiver Program authorized under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ); (2) preclearance operations; (3) the Trusted Traveler Program; (4) the biometric entry-exit control system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1221 note); and (5) the establishment of a system to provide increased resilience to travel during pandemics. (g) Recovery strategy (1) Initial recovery strategy Not later than 1 year after amounts are appropriated to accomplish the purposes of this section, the Assistant Secretary, in consultation with the United States Travel and Tourism Advisory Board and other representatives of the travel industry, shall develop and implement a COVID–19 public health emergency recovery strategy to assist the United States travel and tourism industry to quickly recover from the pandemic. (2) Future recovery strategies After assisting in the implementation of the strategy developed pursuant to paragraph (1), the Assistant Secretary, in consultation with the entities referred to in such paragraph, shall develop additional recovery strategies for the travel and tourism industry in anticipation of other unforeseen catastrophic events that would significantly affect the travel and tourism industry, such as hurricanes, floods, tsunamis, tornadoes, terrorist attacks, and pandemics. (h) Reporting requirements (1) Assistant secretary The Assistant Secretary shall produce an annual forecasting report on the travel and tourism industry, which shall include current and anticipated— (A) domestic employment needs; (B) international inbound volume and spending, taking into account the lasting effects of the COVID–19 public health emergency and the impact of the recovery strategy implemented pursuant to subsection (g)(1); and (C) domestic volume and spending, including Federal and State public land travel and tourism data. (2) Bureau of economic analysis The Director of the Bureau of Economic Analysis should annually update the Travel and Tourism Satellite Accounts, including— (A) State level travel and tourism spending data; (B) travel and tourism workforce data for full-time and part-time employment; and (C) Federal and State public lands spending data. (3) National travel and tourism office The Director of the National Travel and Tourism Office— (A) in partnership with the Bureau of Economic Analysis, shall report international arrival and spending data on a regular monthly schedule, which shall be made available to the Travel and Tourism Advisory Board and to the public through a publicly available website; and (B) shall include questions in the Survey of International Air Travelers regarding wait-times, visits to public lands, and State data, to the extent applicable. 106. Travel and tourism strategy Not less frequently than once every 10 years, the Secretary of Commerce, in consultation with the United States Travel and Tourism Advisory Board, the Tourism Policy Council, and the Secretary of Homeland Security, shall develop and submit to Congress a 10-year travel and tourism strategy, which shall include— (1) the establishment of goals with respect to the number of annual international visitors to the United States and the annual amount of travel exports during such 10-year period; (2) the resources needed to achieve the goals established pursuant to paragraph (1); and (3) recommendations for statutory or regulatory changes that would be necessary to achieve such goals. 107. United States Travel and Tourism Advisory Board Section 3 of the Act entitled An Act to encourage travel in the United States, and for other purposes ( 15 U.S.C. 1546 ) is amended— (1) by amending the section heading to read as follows: United States Travel and Tourism Advisory Board; advisory committee ; and (2) by striking The Secretary of Commerce is authorized and inserting the following: (a) United States Travel and Tourism Advisory Board (1) In general There is established the United States Travel and Tourism Advisory Board (referred to in this subsection as the Board ), the members of which shall be appointed by the Secretary of Commerce for 2-year terms from among companies and organizations in the travel and tourism industry. (2) Executive director The Assistant Secretary for Travel and Tourism shall serve as the Executive Director of the Board. (3) Executive secretariat The Director of the National Travel and Tourism Office of the International Trade Administration shall serve as the Executive Secretariat for the Board. (4) Functions The Board’s Charter shall specify that the Board will— (A) serve as the advisory body to the Secretary of Commerce on matters relating to the travel and tourism industry in the United States; (B) advise the Secretary of Commerce on government policies and programs that affect the United States travel and tourism industry; (C) offer counsel on current and emerging issues; (D) provide a forum for discussing and proposing solutions to problems related to the travel and tourism industry; and (E) provide advice regarding the domestic travel and tourism industry as an economic engine. (5) Recovery strategy The Board shall assist the Assistant Secretary in the development and implementation of the COVID–19 public health emergency recovery strategy required under section 105(g)(1) of the Visit America Act . (b) Advisory Committee for Promotion of Tourist Travel The Secretary of Commerce is authorized . II Travel Safety A Health safety 201. Study and report on effects of COVID–19 pandemic on travel and tourism industry in United States (a) Definitions In this section: (1) Pandemic period The term pandemic period has the meaning given the term emergency period in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), excluding any portion of such period after the date that is 1 year after the date of the enactment of this Act. (2) Secretary The term Secretary means the Secretary of Commerce. (3) Travel and tourism industry The term travel and tourism industry means the travel and tourism industry in the United States. (b) Interim study and report (1) In general Not later than 3 months after the date of the enactment of this Act, the Secretary, after consultation with relevant stakeholders, including the United States Travel and Tourism Advisory Board, shall— (A) complete an interim study, which shall be based on data available at the time the study is conducted and provide a framework for the study required under subsection (c), regarding the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events; and (B) submit a report containing the results of such interim study to— (i) the Committee on Commerce, Science, and Transportation of the Senate ; and (ii) the Committee on Energy and Commerce of the House of Representatives. (2) Availability The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce. (c) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency the Secretary considers appropriate, shall complete a study on the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events. (d) Matters for consideration In conducting the interim study required under subsection (b) and the study required under subsection (c), the Secretary shall consider— (1) changes in employment rates in the travel and tourism industry during the pandemic period; (2) changes in revenues of businesses in the travel and tourism industry during the pandemic period; (3) changes in employment and sales in industries related to the travel and tourism industry, and changes in contributions of the travel and tourism industry to such related industries, during the pandemic period; (4) the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on the overall economy of the United States, including— (A) an analysis of regional economies (on a per capita basis) during the pandemic period; and (B) the projected effects of such changes on the regional and overall economy of the United States following the pandemic period; (5) the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on minority communities, including Native Americans, Native Hawaiians, and Alaska Natives; (6) reports on the economic impact of COVID–19 issued by other Federal agencies; and (7) any additional matters that the Secretary considers appropriate. (e) Consultation and public comment In conducting the study required under subsection (c), the Secretary shall— (1) consult with representatives of— (A) the small business sector; (B) the restaurant or food service sector; (C) the hotel and alternative accommodations sector; (D) the attractions or recreation sector; (E) the outdoor recreation sector (F) travel distribution services sector; (G) destination marketing organizations; (H) State tourism offices; (I) the passenger air, railroad, and rental car sectors; and (J) labor representatives for— (i) the sectors referred to in subparagraph (I); and (ii) security screening personnel designated by the Administrator of the Transportation Security Administration; and (2) provide an opportunity for public comment and advice relevant to conducting the study. (f) Report to Congress (1) In general Not later than 6 months after the date on which the study required under subsection (b) is completed, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency that the Secretary considers appropriate, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that contains— (A) the results of such study; (B) policy recommendations for promoting and assisting the travel and tourism industry, including in Native American, Native Hawaiian, and Alaska Native communities, by fully implementing the Native American Tourism and Improving Visitor Experience Act ( Public Law 114–221 ); and (C) a description of the actions that should be taken by the Federal Government to accelerate the implementation of travel and tourism policies and programs authorized by law. (2) Availability The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce. 202. Ensuring Health Safety in the Skies (a) Short title This section may be cited as the Ensuring Health Safety in the Skies Act of 2021 . (b) Definitions In this section: (1) Advisory committee The term Advisory Committee means the Joint Federal Advisory Committee established under subsection (d). (2) Air travel The term air travel includes international air travel. (3) Joint task force The term Joint Task Force means the Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency established under subsection (c)(1). (c) Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation, the Secretary of Homeland Security, and the Secretary of Health and Human Services shall establish the Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency. (2) Duties (A) In general The Joint Task Force shall develop recommended requirements, plans, and guidelines to address the health, safety, security, and logistical issues relating to— (i) the continuation of air travel during the COVID–19 public health emergency; and (ii) the resumption of full operations at airports and increased passenger air travel after the COVID–19 public health emergency. (B) Recommendations The recommendations developed under subparagraph (A), with respect to the applicable periods described in subparagraph (C), shall include— (i) modifying airport, air carrier, security (including passenger security screening), and other operations related to passenger air travel, including passenger queuing, boarding, deplaning, and baggage handling procedures, as a result of— (I) current and anticipated changes to passenger air travel during and after the COVID–19 public health emergency; and (II) anticipated changes to passenger air travel resulting from any seasonal recurrence of the coronavirus; (ii) mitigating the public health and economic impacts of the COVID–19 public health emergency and any seasonal recurrence of the coronavirus on airports and passenger air travel (including through the use of personal protective equipment, the implementation of strategies to promote overall passenger and employee safety, and the accommodation of social distancing as feasible and necessary); (iii) addressing privacy and civil liberty issues that may arise from passenger health screenings, contact-tracing, or other processes used to monitor the health of individuals engaged in air travel; and (iv) operating procedures to manage future public health crises that can be anticipated, to the extent such public health crises may impact air travel. (C) Applicable periods The applicable periods described in this subparagraph are— (i) the period beginning on the date of the first meeting of the Joint Task Force and ending on the last day of the COVID–19 public health emergency; and (ii) the 1-year period beginning on the day after the end of the period described in clause (i). (3) Activities of the joint task force (A) In general In developing the recommended requirements, plans, and guidelines under paragraph (2), and before including such recommendations in the final report required under subsection (e)(2), the Joint Task Force shall— (i) conduct cost-benefit evaluations regarding such recommendations, including costs impacting air operations and impacts on air travel; (ii) consider funding constraints; (iii) use risk-based decision making; and (iv) consult with the Advisory Committee established under subsection (d)(1) and consider any consensus policy recommendations of the Advisory Committee submitted under subsection (d)(2). (B) International consultation The Joint Task Force shall consult, as practicable, with relevant international entities and operators, including the International Civil Aviation Organization, to harmonize (to the extent possible) recommended requirements, plans, and guidelines for air travel during and after the COVID–19 public health emergency. (4) Membership (A) Chair The Secretary of Transportation (or the Secretary’s designee) shall serve as Chair of the Joint Task Force. (B) Vice-Chair The Secretary of Health and Human Services (or the Secretary’s designee) shall serve as Vice Chair of the Joint Task Force. (C) Other members In addition to the Chair and Vice Chair, the members of the Joint Task Force shall include representatives of— (i) the Department of Transportation; (ii) the Department of Homeland Security; (iii) the Department of Health and Human Services; (iv) the Federal Aviation Administration; (v) the Transportation Security Administration; (vi) U.S. Customs and Border Protection; (vii) the Centers for Disease Control and Prevention; (viii) the Occupational Safety and Health Administration; (ix) the National Institute for Occupational Safety and Health; (x) the Pipeline and Hazardous Materials Safety Administration; (xi) the Department of State; and (xii) the Environmental Protection Agency. (d) Joint Federal Advisory Committee (1) Establishment Not later than 15 days after the date on which the Joint Task Force is established pursuant to subsection (c)(1), the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall establish a Joint Federal Advisory Committee to advise the Joint Task Force. (2) Duties of the Advisory Committee The Advisory Committee shall develop and submit consensus policy recommendations to the Joint Task Force for the Joint Task Force to consider when developing recommendations under subsection (c)(2). (3) Membership The members of the Advisory Committee shall include representatives of— (A) airport operators designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security; (B) air carriers designated by the Secretary of Transportation; (C) aircraft and aviation manufacturers designated by the Secretary of Transportation; (D) labor organizations representing— (i) aviation industry workers (including pilots, flight attendants, engineers, maintenance, mechanics, air traffic controllers, safety inspectors, and workers performing airport services such as security, terminal and cabin cleaning, passenger assistance, and aircraft loading) designated by the Secretary of Transportation; and (ii) security screening personnel designated by the Secretary of Homeland Security; (E) public health experts designated by the Secretary of Health and Human Services; (F) organizations designated by the Secretary of Transportation that represent airline passengers; (G) privacy and civil liberty organizations designated by the Secretary of Homeland Security; (H) manufacturers and integrators of passenger screening and identity verification technologies designated by the Secretary of Homeland Security; (I) trade associations representing air carriers (including major passenger air carriers, low-cost passenger air carriers, regional passenger air carriers, cargo air carriers, and foreign passenger air carriers) designated by the Secretary of Transportation, in consultation with the Secretary of Homeland Security; (J) trade associations representing airport operators (including large hub, medium hub, small hub, nonhub primary, and nonprimary commercial service airports) designated by the Secretary of Transportation, in consultation with the Secretary of Homeland Security; and (K) aviation contractors designated by the Secretary of Transportation. (4) Vacancies Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App). (5) Prohibition on compensation The members of the Advisory Committee shall not receive any compensation from the Federal Government by reason of their service on the Advisory Committee. (6) Publication Not later than 14 days after the date on which the Advisory Committee submits policy recommendations to the Joint Task Force pursuant to paragraph (2), the Secretary of Transportation shall publish such policy recommendations on a publicly accessible website. (e) Briefings and Reports (1) Preliminary briefings As soon as practicable, but not later than 6 months after the date on which the Joint Task Force is established pursuant to subsection (c)(1), the Joint Task Force shall begin providing preliminary briefings to Congress regarding the status of the development of the recommended requirements, plan, and guidelines under subsection (c)(2). The preliminary briefings shall include interim versions, if any, of the recommendations of the Joint Task Force. (2) Final report (A) Deadline As soon as practicable, but not later than 18 months after the date of enactment of this Act, the Joint Task Force shall submit a final report to Congress. (B) Content The final report shall include— (i) (I) all of the recommended requirements, plans, and guidelines developed by the Joint Task Force pursuant to subsection (c)(2); and (II) a description of any action taken by the Federal Government as a result of the recommendations referred to in subclause (I); and (ii) (I) consensus policy recommendations submitted by the Advisory Committee pursuant to subsection (d)(2); and (II) an explanation (including data and risk analysis) of any action by the Joint Task Force in response to the recommendations referred to in subclause (I). (f) Termination The Joint Task Force and the Advisory Committee shall terminate on the date that is 30 days after the date on which the Joint Task Force submits the final report required under subsection (e)(2). 203. Feasibility study on the use of canine units to detect COVID–19 at airports (a) In general The Administrator of the Transportation Security Administration, in consultation with the Secretary of Transportation, the Secretary of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Secretary of Defense, shall conduct a study to assess— (1) the feasibility of using canines to detect the presence of SARS–CoV–2, the virus that causes the coronavirus disease 2019 (commonly known as COVID–19 ), in individuals infected with the virus; (2) if using canines to detect the presence of SARS–CoV–2 is feasible, whether canine units could be used at airports to screen passengers, individuals accompanying passengers, crew members, and other individuals who pass through airports and airport security screening locations for SARS–CoV–2 infection; and (3) if using canine units to conduct screening described in paragraph (2) is feasible, how such screening would be implemented and what metrics would be used to monitor the efficacy of the screening. (b) Assessment of efficacy (1) In general In conducting the study required under subsection (a), the Administrator shall conduct a comprehensive review and analysis of SARS–CoV–2 detection solutions to determine the efficacy of canines to detect SARS–CoV–2 in individuals. (2) Use of review The Administrator shall use the results of the review and analysis required under paragraph (1)— (A) to determine the biological detection capabilities of canines; and (B) to inform the operational factors and considerations necessary for the deployment of canine units at airports to detect SARS–CoV–2. (c) Additional elements In conducting the assessments required under subsections (a) and (b), the Administrator shall— (1) assess the probability of canines responding to the presence of SARS–CoV–2; (2) determine the specificity of response by canines to SARS–CoV–2 compared to their response to a pool of similar viruses and controls; (3) assess how close canine units must be to individuals to detect SARS–CoV–2 at a high sensitivity and specificity; (4) assess the effectiveness of canine units in detecting SARS–CoV–2 in symptomatic carriers compared to asymptomatic carriers; (5) assess other valid measures to determine the efficacy of using canine units to screen for SARS–CoV–2 at airports, such as the accuracy of detection and the risks of false positives and false negatives; (6) identify training and policy gaps that must be addressed before implementing a program to use canine units at airports to screen passengers, individuals accompanying passengers, crew members, and other individuals who pass through airports and airport security screening locations, for infection with SARS–CoV–2; and (7) assess— (A) the number of canine units the Administrator would require in order to effectively implement a program to use canine units at airports to screen passengers, individuals accompanying passengers, crew members, and other individuals who pass through airports and airport security screening locations for infection with SARS–CoV–2; and (B) the effect that such screenings would have on the Transportation Security Administration’s existing pool of canine units. (d) Considerations In conducting the study required under subsection (a), the Administrator shall consider— (1) opportunities to leverage established, preexisting scientific information regarding detection of SARS–CoV–2 by canines; (2) established programs in foreign countries related to detection of SARS–CoV–2 by canine units; (3) detection approaches and solutions related to the optimization of detection of SARS–CoV–2 by canines; and (4) private industry approaches aimed to facilitate detection of SARS–CoV–2 using canine units. (e) Third-Party validation and verification The Administrator shall ensure that any screening solutions developed pursuant to the study required under subsection (a) undergo validation and verification analysis by a third party with appropriate expertise to ensure accuracy of data obtained from the study. (f) Report required Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Armed Services of the Senate , the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on Homeland Security of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives that— (1) describes the results of the study required under subsection (a), including the assessments required under subsections (b) and (c); and (2) makes a recommendation with respect to whether canine units at airports could be trained effectively and efficiently to screen passengers, individuals accompanying passengers, crew members, and other individuals who pass through airports and airport security screening locations, for infection with SARS–CoV–2. B One-Stop security 211. Short title This subtitle may be cited as the One-Stop Pilot Program Act of 2021 . 212. Definitions In this subtitle: (1) Administrator The term Administrator means the Administrator of the Transportation Security Administration. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate ; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (C) the Committee on Homeland Security of the House of Representatives . (3) TSA The term TSA means the Transportation Security Administration of the Department of Homeland Security. 213. Pilot Program for One-Stop Security (a) In general Notwithstanding 44901(a) of title 49, United States Code, the Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, may establish a pilot program at not more than 6 foreign last point of departure airports to permit passengers and their accessible property arriving on direct flights or flight segments originating at such participating foreign airports to continue on additional flights or flight segments originating in the United States without additional security re-screening if— (1) the initial screening was conducted in accordance with an aviation security screening agreement described in subsection (d); (2) passengers arriving from participating foreign airports are unable to access their checked baggage until the arrival at their final destination; and (3) upon arrival in the United States, passengers arriving from participating foreign airports do not come into contact with other arriving international passengers, those passengers’ property, or other persons who have not been screened or subjected to other appropriate security controls required for entry into the airport’s sterile area. (b) Requirements for pilot program In carrying out this section, the Administrator shall ensure that there is no reduction in the level of security or specific TSA aviation security standards or requirements for screening passengers and their property prior to boarding an international flight bound for the United States, including specific aviation security standards and requirements regarding— (1) high-risk passengers and their property; (2) weapons, explosives, and incendiaries; (3) screening passengers and property transferring at a foreign last point of departure airport from another airport and bound for the United States, and addressing any co-mingling of such passengers and property with passengers and property screened under the pilot program described in subsection (a); and (4) insider risk at foreign last point of departure airports. (c) Re-Screening of checked baggage Subject to subsection (e), the Administrator may determine whether checked baggage arriving from participating foreign airports referenced in subsection (a) that screen using an explosives detection system must be rescreened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment. (d) Aviation security screening agreement An aviation security screening agreement described in this subsection is a treaty, executive agreement, or other international arrangement that— (1) is signed by the Administrator, without delegating such authority; and (2) is entered into with a foreign country that delineates and implements security standards and protocols utilized at a foreign last point of departure airport that are determined by the Administrator— (A) to be comparable to those of the United States; and (B) sufficiently effective to enable passengers and their accessible property to deplane into sterile areas of airports in the United States without the need for re-screening. (e) Re-Screening requirement (1) In general If the Administrator determines that a foreign country participating in the aviation security screening agreement has not maintained and implemented security standards and protocols comparable to those of the United States at foreign last point of departure airports at which a pilot program has been established in accordance with this section, the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United States, including by using explosives detection systems in accordance with section 44901(d)(1) of title 49, United States Code, and implementing regulations, before such passengers and their property are permitted into sterile areas of airports in the United States. (2) Consultation If the Administrator has reasonable grounds to believe that the other party to an aviation security screening agreement has not complied with such agreement, the Administrator shall request immediate consultation with such party. (3) Suspension or termination of agreement If a satisfactory agreement between TSA and a foreign country is not reached within 45 days after a consultation request under paragraph (2) or in the case of the foreign country’s continued or egregious failure to maintain the security standards and protocols described in paragraph (1), the Administrator shall— (A) suspend or terminate the aviation security screening agreement with such country, as determined appropriate by the Administrator; and (B) notify the appropriate congressional committees of such consultation, suspension, or termination, as the case may be, not later than 7 days after such consultation, suspension, or termination. (f) Briefings to Congress Not later than 45 days before an aviation security screening agreement described in subsection (d) enters into force, the Administrator shall submit to the appropriate congressional committees— (1) an aviation security threat assessment for the country in which such foreign last point of departure airport is located; (2) information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing; (3) information on potential security vulnerabilities associated with commencing such agreements and mitigation plans to address such potential security vulnerabilities; (4) an assessment of the impacts that such agreement will have on aviation security; (5) an assessment by TSA of the screening performed at foreign last point of departure airports, including the feasibility of TSA personnel monitoring screening, security protocols, and standards; (6) information regarding identifying the entity or entities responsible for screening passengers and property at the foreign last point of departure airport; (7) the name of the entity or local authority and any contractor or subcontractor party to the agreement; (8) information regarding the screening requirements under subsection (e); (9) details regarding information sharing mechanisms between the Department of Homeland Security and the foreign last point of departure airport, screening authority, or entity responsible for screening, as required by law, regulation, or an aviation screening agreement described in subsection (d); and (10) a copy of the aviation security screening agreement, which shall identify the foreign last point of departure airport or airports at which a pilot program under this section is to be established. (g) Certifications relating to the Pilot Program for One-Stop Security For each aviation security screening agreement described in subsection (d), the Administrator shall submit to the appropriate congressional committees— (1) (A) a certification that such agreement satisfies all of the requirements specified in subsection (b); or (B) in the event that 1 or more of such requirements are not so satisfied, a description of the unsatisfied requirement and information on what actions the Administrator will take to ensure that such remaining requirements are satisfied before such agreement enters into force; (2) a certification that TSA and U.S. Customs and Border Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-stop security pilot program airport prior to receiving international passengers from a last point of departure airport under the aviation security screening agreement; (3) a certification that a foreign last point of departure airport covered by an aviation security screening agreement has an operation to screen all checked bags as required by law, regulation, or international agreement, including the full utilization of Explosives Detection Systems to the extent practicable; and (4) a certification that the Administrator consulted with stakeholders, including air carriers, aviation nonprofit labor organizations, airport operators, relevant interagency partners, and other stakeholders that the Administrator determines appropriate. (h) Report to Congress Not later than 5 years after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Administrator, shall submit a report to the appropriate congressional committees regarding the implementation of the pilot program authorized under this section, including information relating to— (1) the impact of such program on homeland security and international aviation security, including any benefits and challenges of such program; (2) the impact of such program on passengers, airports, and air carriers, including any benefits and challenges of such program; and (3) the impact and feasibility of continuing such program or expanding it into a more permanent program, including any benefits and challenges of such continuation or expansion. (i) Rule of construction Nothing in this section may be construed as limiting the authority of U.S. Customs and Border Protection to inspect persons and baggage arriving in the United States in accordance with applicable law. (j) Sunset The pilot program authorized under this section shall terminate on the date that is 6 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3375is/xml/BILLS-117s3375is.xml |
117-s-3376 | II 117th CONGRESS 1st Session S. 3376 IN THE SENATE OF THE UNITED STATES December 13, 2021 Mr. Graham (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the outpatient clinic of the Department of Veterans Affairs in Greenville, South Carolina, as the Lance Corporal Dana Cornell Darnell Department of Veterans Affairs Outpatient Clinic .
1. Lance Corporal Dana Cornell Darnell Department of Veterans Affairs Outpatient Clinic (a) Designation The outpatient clinic of the Department of Veterans Affairs in Greenville, South Carolina, shall be known and designated as the Lance Corporal Dana Cornell Darnell Department of Veterans Affairs Outpatient Clinic or the Lance Corporal Dana Cornell Darnell VA Clinic . (b) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Dana Cornell Darnell VA Clinic. | https://www.govinfo.gov/content/pkg/BILLS-117s3376is/xml/BILLS-117s3376is.xml |
117-s-3377 | One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. 3377 IN THE SENATE OF THE UNITED STATES AN ACT To empower the Chief of the United States Capitol Police to unilaterally request the assistance of the DC National Guard or Federal law enforcement agencies in emergencies without prior approval of the Capitol Police Board.
1. Short title This Act may be cited as the Capitol Police Emergency Assistance Act of 2021 . 2. Emergency assistance for the Capitol Police (a) Assistance by executive departments and agencies Section 911(a) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a) ) is amended— (1) in paragraph (1), by inserting or in accordance with paragraph (4) before and on a permanent ; (2) in paragraph (4)(B)— (A) in the matter preceding clause (i), by striking advance ; and (B) in clause (ii)— (i) in subclause (I), by striking or after the semicolon; (ii) in subclause (II), by striking and after the semicolon and inserting or ; and (iii) by adding at the end the following: (III) the Chief of the Capitol Police, if the Chief of the Capitol Police has determined that the provision of assistance is necessary to prevent the significant disruption of governmental function and public order within the United States Capitol Buildings and Grounds, as described in section 9 of the Act entitled An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes , approved July 31, 1946 ( 2 U.S.C. 1961 ); and ; and (3) by adding at the end the following: (5) Revocation The Capitol Police Board may revoke a request for assistance provided under paragraph (4)(B)(ii)(III) upon consultation with appropriate Members of the Senate and House of Representatives in leadership positions. . (b) Capitol police special officers Section 1017 of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or as determined by the Chief of the Capitol Police in accordance with section 911(a)(4)(B)(ii)(III) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a)(4)(B)(ii)(III) ), after Congress, ; and (B) by adding at the end the following: An appointment under this section due to an emergency determined by the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of section 911(a) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a) ) shall be in effect for the period of the emergency, unless and until the Capitol Police Board revokes the request for assistance under paragraph (5) of such section. ; (2) by striking subsections (c) and (e); (3) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively; and (4) in subsection (d), as redesignated by paragraph (3) of this subsection, by striking President pro tempore and inserting Majority Leader . 3. Joint oversight hearings (a) In general The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (referred to in this section as the Committees ) are authorized to jointly conduct oversight hearings regarding the Capitol Police Board and may request the attendance of all members of the Capitol Police Board at any such hearing. Members of the Capitol Police Board shall attend a joint hearing under this section, as requested and under such rules or procedures as may be adopted by the Committees. (b) Timing The Committees may conduct oversight hearings under this section as determined appropriate by the Committees, but shall conduct not less than one oversight hearing under this section during each Congress. 4. Effective date The amendments made by this Act shall take effect on October 1, 2021.
Speaker of the House of Representatives Vice President of the United States and President of the Senate | https://www.govinfo.gov/content/pkg/BILLS-117s3377enr/xml/BILLS-117s3377enr.xml |
117-s-3378 | II 117th CONGRESS 1st Session S. 3378 IN THE SENATE OF THE UNITED STATES December 13, 2021 Mr. Scott of Florida (for himself, Mr. Toomey , Mr. Cassidy , Mr. Rounds , Mr. Hagerty , Mr. Braun , 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 require agencies to submit certain settlement agreements to Congress, to allow Congress to disapprove of those settlement agreements, and for other purposes.
1. Short title This Act may be cited as the Congressional Review of Agency Legal Settlements Act of 2021 . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Agency rule The term agency rule means— (A) a substantive rule of general applicability of an agency; (B) a statement of general policy of an agency; or (C) an interpretation of general applicability formulated and adopted by an agency pursuant to relevant law. (3) Covered settlement agreement The term covered settlement agreement means a proposed voluntary compromise settlement to be entered into by an agency to resolve 1 or more pending legal claims against the United States that includes— (A) a financial award paid by the agency that is more than $10,000,000, aggregated across all similarly situated cases or legal claims against the agency; or (B) an agreement to modify or alter an agency rule of the agency. (4) End of session period The term end of session period means the period— (A) beginning on the date occurring, in the case of the Senate, 60 session days, or in the case of the House of Representatives, 60 legislative days before the date the Congress adjourns a session of Congress; and (B) ending on the date on which the same or succeeding Congress first convenes its next session. (5) Joint resolution of disapproval The term joint resolution of disapproval means a joint resolution— (A) introduced during the period beginning on the submission date and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress); and (B) the matter after the resolving clause of which is as follows: (i) For covered settlement agreements involving a financial award: That Congress finds that the settlement agreement proposed by the ___ relating to ___ is an unauthorized use of amounts appropriated by Congress, and the ___ may not enter into the settlement agreement using amounts appropriated by Congress. (The blank spaces being appropriately filled in). (ii) For covered settlement agreements involving a modification or alteration of an agency rule: That Congress disapproves modification or alteration of the agency rule within the settlement agreement proposed by the ___ relating to ___, and such modification or alteration of the agency rule shall have no force or effect. (The blank spaces being appropriately filled in). (6) Submission date The term submission date means the date on which a report submitted by an agency under section 3(a) is received by Congress. 3. Congressional review of certain agency settlement agreements (a) In general Before an agency may enter into a covered settlement agreement, the agency shall submit to Congress a report that includes— (1) information relating to each legal claim resolved by the covered settlement agreement; (2) the terms of the covered settlement agreement; (3) the class of claimants covered by the covered settlement agreement; (4) the total amount of the financial award to be paid under the covered settlement agreement; (5) the factual and legal basis for calculating the amount described in paragraph (4); (6) the factual and legal basis for modifying or altering each agency rule of the agency modified or altered under the covered settlement agreement; and (7) whether each modification or alteration of an agency rule described in paragraph (6) will require the agency to initiate rulemaking proceedings under section 553 of title 5, United States Code and the date those rulemaking proceedings will commence. (b) Receipt by Congress Upon receipt of a report from an agency under subsection (a), each House shall provide a copy of the report to the chairman and ranking member of the standing committee with jurisdiction over the agency and the operating budget of the agency. (c) Joint resolution Not later than 60 days after the date on which Congress receives a report under subsection (a), Congress may pass a joint resolution of disapproval of the covered settlement agreement that is the subject of the report in accordance with section 4. (d) Effect of joint resolution If Congress passes a joint resolution of disapproval relating to a covered settlement agreement in accordance with section 4, the agency may not— (1) pay a financial award under the covered settlement agreement using amounts otherwise appropriated by Congress; or (2) modify or alter an agency rule of the agency under the covered settlement agreement without complying with the rulemaking requirements under section 553 of title 5, United States Code. (e) Waiting period Subject to subsection (f), an agency may enter into a covered settlement agreement as otherwise provided by law if, on the date that is 60 days after the submission date, Congress has not passed a joint resolution of disapproval relating to the covered settlement agreement. (f) End of session submission In addition to the opportunity for Congress to review a covered settlement agreement as otherwise provided under this Act, in the case of any covered settlement agreement for which a report is submitted in accordance with subsection (a) during an end of session period— (1) section 4 shall apply to the covered settlement agreement in the succeeding session of Congress; and (2) in applying section 4 for purposes of such additional review, the covered settlement agreement shall be treated as though a report on such covered settlement agreement were submitted to Congress under subsection (a) on, with respect to the date on which the succeeding session of Congress first convenes— (A) in the case of the Senate, the 15th session day after that date; or (B) in the case of the House of Representatives, the 15th legislative day after that date. 4. Expedited procedure for joint resolutions of disapproval (a) Referral A joint resolution shall be referred to the committees in each House of Congress with jurisdiction. (b) Discharge from committee In the Senate, if the committee to which a joint resolution of disapproval is referred under subsection (a) has not reported the joint resolution of disapproval (or an identical joint resolution of disapproval) at the end of 20 calendar days after the submission date, the committee may be discharged from further consideration of the joint resolution of disapproval upon a petition supported in writing by 30 Members of the Senate, and such joint resolution of disapproval shall be placed on the calendar. (c) Procedure (1) In general In the Senate, when the committee to which a joint resolution of disapproval is referred has reported, or when a committee is discharged (under subsection (b)) from further consideration of a joint resolution of disapproval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution of disapproval, and all points of order against the joint resolution of disapproval (and against consideration of the joint resolution of disapproval) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of disapproval is agreed to, the joint resolution of disapproval shall remain the unfinished business of the Senate until disposed of. (2) Debate limitation In the Senate, debate on the joint resolution of disapproval, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution of disapproval. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order. (3) Vote on final passage In the Senate, immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution of disapproval shall occur. (4) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate. (d) Limitation In the Senate, the procedure described in subsection (b) or (c) shall not apply to the consideration of a joint resolution of disapproval— (1) after the expiration of the 60 session days beginning with the applicable submission date; or (2) if the report described in section 3(a) was submitted during an end of session period, after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (e) Effect of passage in one House If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (1) The joint resolution of disapproval of the other House shall not be referred to a committee. (2) With respect to a joint resolution of disapproval of the House receiving the joint resolution of disapproval— (A) the procedure in that House shall be the same as if no joint resolution of disapproval had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of disapproval of the other House. (f) Rule of construction This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and, as such, it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. | https://www.govinfo.gov/content/pkg/BILLS-117s3378is/xml/BILLS-117s3378is.xml |
117-s-3379 | II 117th CONGRESS 1st Session S. 3379 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Private Security Officer Employment Authorization Act of 2004 to establish a national criminal history background check system and criminal history review program for private security officers.
1. Short title This Act may be cited as the Private Security Officer Screening Improvement Act of 2021 . 2. Findings Congress finds the following: (1) There are approximately 1,000,000 private security officers in the United States, both contract and proprietary. Private security officers are considered persons of trust by the public. They are entrusted to safeguard and protect people and property, including nuclear power plants, schools, hospitals, banks, places of worship, living communities, shopping malls, and entertainment venues. (2) The Next Generation Identification system of the Federal Bureau of Investigation (referred to in this section as the FBI ) maintains fingerprints and criminal history records on more than 79,000,000 individuals. FBI criminal history background checks on private security officers have uncovered serious criminal convictions that did not show up in State and commercial criminal history background checks. Accordingly, it is clearly in the public interest for private security officers and applicants to be subject to FBI criminal history background checks. (3) Congress has worked with the States to make FBI criminal history background checks available to employers of private security officers through the Private Security Officer Employment Authorization Act of 2004 ( 34 U.S.C. 41106 ) (referred to in this section as the PSOEAA ) and statutes enacted by dozens of States in compliance with Public Law 92–544 . The PSOEAA authorized employers of private security officers to request FBI criminal history background checks on their officers and applicants through a State agency. However, since the enactment of the PSOEAA in 2004, not all States have made FBI criminal history background checks available to employers of private security officers. As a result, there are many private security officers and applicants for which employers are unable to obtain FBI criminal history background checks as authorized by the PSOEAA. 3. National criminal history background check and criminal history review program The Private Security Officer Employment Authorization Act of 2004 ( 34 U.S.C. 41106 ) is amended— (1) in subsection (c)— (A) in paragraph (2)(B), by inserting or a designated entity after a State identification bureau ; (B) by redesignating paragraph (5) as paragraph (7); (C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (D) by inserting after paragraph (2) the following: (3) Designated entity The term designated entity means an entity designated by the Attorney General, which may not be a Federal agency, to receive and process requests under subsection (d). ; and (E) by inserting after paragraph (5), as so redesignated, the following: (6) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific. ; and (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking the State identification bureau of a participating State and inserting a State identification bureau or a designated entity ; (ii) in subparagraph (B)(i), by striking to the State identification bureau of the participating State the and inserting a ; (iii) in subparagraph (C)— (I) in the heading— (aa) by striking the state and inserting a State ; and (bb) by inserting or designated entity after bureau ; (II) in the matter preceding clause (i), by striking the State identification bureau of a participating State and inserting a State identification bureau or a designated entity ; and (III) in clause (ii), by inserting or designated entity after State identification bureau ; (iv) in subparagraph (D)— (I) in clause (i), by striking the State identification bureau and inserting a State identification bureau or a designated entity ; and (II) in clause (ii)— (aa) in subclause (I), in the matter preceding item (aa)— (AA) by striking a participating and inserting employment in a ; and (BB) by inserting identification bureau or a designated entity after the State ; and (bb) in subclause (II)— (AA) by striking a participating and inserting employment in a ; and (BB) by inserting identification bureau or a designated entity after the State ; and (v) by adding at the end the following: (F) State criminal history check A designated entity may, upon request from an authorized employer, complete a check of a State criminal history database. (G) Designated entities The Attorney General shall designate, and enter into an agreement with, one or more entities to receive and process requests under this subsection. ; and (B) in paragraph (4), by adding at the end the following: (D) Federal program costs (i) In general In the case of a criminal history record information search submitted through a designated entity in accordance with this subsection, the fees collected by the designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. (ii) Requirement The designated entity shall remit the appropriate portion of the fees collected under clause (i) to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. . 4. Regulations Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such regulations as may be necessary to carry out the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3379is/xml/BILLS-117s3379is.xml |
117-s-3380 | II 117th CONGRESS 1st Session S. 3380 IN THE SENATE OF THE UNITED STATES December 14, 2021 Ms. Klobuchar (for herself, Mr. Grassley , Ms. Duckworth , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the Administrator of the Environmental Protection Agency from retroactively reducing certain determinations under the Renewable Fuel Program, and for other purposes.
1. Short title This Act may be cited as the Defend the Blend Act . 2. Prohibition against retroactive reductions of determinations under the Renewable Fuel Program The Administrator of the Environmental Protection Agency may not reduce any applicable volume determined under paragraph (2) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ), or any renewable fuel obligation or applicable percentage determined under paragraph (3) of that section, that has already been finalized for a calendar year. | https://www.govinfo.gov/content/pkg/BILLS-117s3380is/xml/BILLS-117s3380is.xml |
117-s-3381 | II 117th CONGRESS 1st Session S. 3381 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Thune (for himself, Ms. Smith , Mr. Rounds , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes.
1. Short title This Act may be cited as the Tribal Trust Land Homeownership Act of 2021 . 2. Definitions In this Act: (1) Applicable Bureau office The term applicable Bureau office means— (A) a Regional office of the Bureau; (B) an Agency office of the Bureau; or (C) a Land Titles and Records Office of the Bureau. (2) Bureau The term Bureau means the Bureau of Indian Affairs. (3) Director The term Director means the Director of the Bureau. (4) First certified title status report The term first certified title status report means the title status report needed to verify title status on Indian land. (5) Indian land The term Indian land has the meaning given the term in section 162.003 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Land mortgage The term land mortgage means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of— (A) home acquisition; (B) home construction; (C) home improvements; or (D) economic development. (7) Leasehold mortgage The term leasehold mortgage means a mortgage, deed of trust, or other instrument that pledges the leasehold interest of a lessee as security for a debt or other obligation owed by the lessee to a lender or other mortgagee. (8) Mortgage package The term mortgage package means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 3(a)(1). (9) Relevant Federal agency The term relevant Federal agency means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land: (A) The Department of Agriculture. (B) The Department of Housing and Urban Development. (C) The Department of Veterans Affairs. (10) Right-of-way document The term right-of-way document has the meaning given the term in section 169.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (11) Subsequent certified title status report The term subsequent certified title status report means the title status report needed to identify any liens against a residential, business, or land lease on Indian land. 3. Mortgage review and processing (a) Review and processing deadlines (1) In general As soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received. (2) Preliminary review (A) In general Not later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included. (B) Incomplete documents As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents. (3) Approval or disapproval (A) Leasehold mortgages Not later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage. (B) Right-of-way documents Not later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document. (C) Land Mortgages Not later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage. (D) Requirements The determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)— (i) shall be in writing; and (ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination. (E) Application This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d) )) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h) ). (4) Certified title status reports (A) Completion of reports (i) In general Not later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable— (I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and (II) a subsequent certified title status report. (ii) Requests for first certified title status reports Notwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report. (B) Notice (i) In general As soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender. (ii) Form of notice The applicable Bureau office shall give notice under clause (i)— (I) electronically through secure, encryption software; and (II) through the United States mail. (iii) Option to opt out The lender may opt out of receiving notice electronically under clause (ii)(I). (b) Notices (1) In general If the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to— (A) the party that submitted the mortgage package or requested the first certified title status report; and (B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested. (2) Requests for updates In addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry. (c) Delivery of first and subsequent certified title status reports Notwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to— (1) the lender; (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report; (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and (4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Access to trust asset and accounting management system Beginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau. (e) Annual report (1) In general Not later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of— (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and (B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1). (2) Requirement In submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports). (f) GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes— (1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and (2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau. 4. Establishment of Realty Ombudsman position (a) In general The Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior. (b) Functions The Realty Ombudsman shall— (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 3(a); (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 3; (3) serve as a liaison to other Federal agencies, including by— (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land; (4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and (5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints. | https://www.govinfo.gov/content/pkg/BILLS-117s3381is/xml/BILLS-117s3381is.xml |
117-s-3382 | II 117th CONGRESS 1st Session S. 3382 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Scott of South Carolina (for himself, Mr. Kennedy , Mr. Toomey , Mr. Paul , Mr. Thune , Mr. Risch , Mr. Crapo , Mr. Inhofe , Mr. Barrasso , Mr. Marshall , Mr. Daines , Mr. Tillis , Mr. Cramer , Mr. Lankford , Mr. Cornyn , Mr. Moran , Mr. Cassidy , Mr. Boozman , Mr. Rounds , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To prohibit the Administrator of the Small Business Administration from directly making loans under the 7(a) loan program, and for other purposes.
1. Short title This Act may be cited as the Protecting Access to Credit for Small Businesses Act . 2. Prohibition on direct 7(a) loans (a) In general Notwithstanding any provision of subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration may not directly make a loan pursuant to such subsection. (b) Existing loans The Administrator of the Small Business Administration shall service a direct loan made under section 7(a) of the Small Business Act ( 15 U.S.C. 636(b) ) if such loan was made before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3382is/xml/BILLS-117s3382is.xml |
117-s-3383 | II 117th CONGRESS 1st Session S. 3383 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Menendez (for himself and Mr. Cassidy ) 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 modify the cover over of certain distilled spirits taxes.
1. Cover over of certain distilled spirits taxes (a) Repeal of limitation on cover over of distilled spirits taxes to Puerto Rico and Virgin Islands (1) In general Section 7652 of the Internal Revenue Code of 1986 is amended by striking subsection (f) and by redesignating subsections (g), (h) and (i) as subsections (f), (g), and (h) respectively. (2) Effective date The amendments made by this subsection shall apply to distilled spirits brought into the United States after December 31, 2021. (b) Required transfer to Puerto Rico Conservation Trust Fund of portion of Puerto Rico rum cover over (1) In general Section 7652(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Required transfer to puerto rico conservation trust fund of portion of rum taxes covered over (A) In general From any taxes collected on rum transported to the United States that are covered into the treasury of Puerto Rico under paragraph (3) at a rate equal to or greater than $10.50 per proof gallon, Puerto Rico shall transfer to the Puerto Rico Conservation Trust Fund an amount per proof gallon equal to or greater than 1/6 of the difference between $10.50 and the rate, not to exceed $13.25, at which such taxes are covered into such treasury. Puerto Rico’s obligations under this paragraph shall not modify or impair payment priorities established under Puerto Rico law and in effect on May 21, 2021. (B) Puerto Rico conservation trust fund For purposes of this section, the term Puerto Rico Conservation Trust Fund means the fund established pursuant to a Memorandum of Understanding between the United States Department of the Interior and the Commonwealth of Puerto Rico, dated December 24, 1968. . (2) Cover over determined without regard to certain rate reductions Section 7652(h) of such Code, as redesignated by subsections (a), is amended by inserting (a)(4), after (a)(3), . (3) Effective date The amendments made by this subsection shall apply to distilled spirits brought into the United States after December 31, 2021. (c) Cover over determined without regard to certain rate reductions Notwithstanding section 107(a)(3) of division EE of Public Law 116–260 , the amendments made by section 107(a)(2) of division EE such Public Law shall apply to distilled spirits brought into the United States and removed after December 31, 2017. | https://www.govinfo.gov/content/pkg/BILLS-117s3383is/xml/BILLS-117s3383is.xml |
117-s-3384 | II 117th CONGRESS 1st Session S. 3384 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Booker (for himself, Mr. Cardin , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish in the Department of State the Office to Monitor and Combat Islamophobia, and for other purposes.
1. Short title This Act may be cited as the Combating International Islamophobia Act . 2. Authorization for establishment of Office to Monitor and Combat Islamophobia Title I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) is amended by adding at the end the following new section: 64. Monitoring and combating Islamophobia (a) Office to Monitor and Combat Islamophobia (1) Establishment Not later than 120 days after the date of the enactment of this section, the Secretary of State shall establish within the Department of State an Office to Monitor and Combat Islamophobia (in this section referred to as the Office ). (2) Head of Office (A) Special Envoy for Monitoring and Combating Islamophobia The head of the Office shall be the Special Envoy for Monitoring and Combating Islamophobia (in this section referred to as the Special Envoy ) who shall be appointed by the Secretary of State. (B) Appointment of Special Envoy The Secretary may— (i) if considered appropriate by the Secretary, appoint the Special Envoy from among officers and employees of the Department of State; and (ii) allow any such officer or employee appointed as Special Envoy to retain the position (and the responsibilities associated with such position) held by such officer or employee prior to such appointment. (b) Purpose of Office The Office shall be responsible for the following: (1) Monitoring and combating acts of Islamophobia and Islamophobic incitement that occur in foreign countries. (2) Coordinating and assisting in the preparation of that portion of the reports required by sections 116(d)(9) and 502B(k) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) , 2304(k)) relating to an assessment and description of the nature and extent of acts of Islamophobia and Islamophobic incitement. (3) Coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(A)(viii) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1)(A)(viii) ) relating to an assessment and description of the nature and extent of acts of Islamophobia and Islamophobic incitement. (c) Consultations The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate, to carry out this section. . 3. Inclusion in Department of State annual reports of information concerning acts of Islamophobia in foreign countries (a) Inclusion in annual country reports on human rights practices The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11), by striking and at the end; (B) in paragraph (12), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, a description of the nature and extent of acts of Islamophobia and Islamophobic incitement that occurred during the preceding year, including descriptions of— (A) acts of physical violence against, or harassment of, members of the Muslim community, and acts of violence against, or vandalism of, Muslim community institutions, including schools, mosques, and cemeteries; (B) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against members of the Muslim community; (C) the actions, if any, taken by the government of that country to respond to such violence and attacks or to eliminate such propaganda or incitement; (D) the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of members of the Muslim community; and (E) the efforts of such government to promote anti-bias and tolerance education. ; and (2) in section 502B ( 22 U.S.C. 2304 ), by— (A) redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following new subsection: (k) Information concerning acts of Islamophobia in foreign countries The report required by subsection (b) shall include, wherever applicable, a description of the nature and extent of acts of Islamophobia and Islamophobic incitement that occurred during the preceding year, including descriptions of— (1) acts of physical violence against, or harassment of, members of the Muslim community, and acts of violence against, or vandalism of, Muslim community institutions, including schools, mosques, and cemeteries; (2) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against members of the Muslim community; (3) the actions, if any, taken by the government of that country to respond to such violence and attacks or to eliminate such propaganda or incitement; (4) the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of members of the Muslim community; and (5) the efforts of such government to promote anti-bias and tolerance education. . (b) Inclusion in annual report on international religious freedom Section 102(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1)(A) ) is amended— (1) in clause (vi), by striking and at the end; (2) in clause (vii)(II), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new clause: (viii) wherever applicable, an assessment and description of the nature and extent of acts of Islamophobia and Islamophobic incitement that occurred in that country during the preceding the year, including— (I) acts of physical violence against, or harassment of, members of the Muslim community, acts of violence against, or vandalism of, Muslim community institutions, instances of propaganda in government and nongovernment media that incite such acts, and statements and actions relating thereto; and (II) the actions taken by the government of that country to respond to such violence and attacks or to eliminate such propaganda or incitement, to enact and enforce laws relating to the protection of the right to religious freedom of members of the Muslim community, and to promote anti-bias and tolerance education. . (c) Effective date of inclusions The amendments made by subsections (a) and (b) shall apply on the date that is 180 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3384is/xml/BILLS-117s3384is.xml |
117-s-3385 | II 117th CONGRESS 1st Session S. 3385 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Whitehouse (for himself, Mr. Sanders , Mr. Blumenthal , Ms. Hirono , Ms. Warren , and Mr. Luján ) 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 require certain disclosures related to amicus activities.
1. Short title This Act may be cited as the Assessing Monetary Influence in the Courts of the United States Act or the AMICUS Act . 2. Disclosures related to amicus activities (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Disclosures related to amicus activities (a) Definition In this section, the term covered amicus means any person, including any affiliate of the person, that files an amicus brief in a calendar year in the Supreme Court of the United States or a courts of appeals of the United States. (b) Disclosure (1) In general Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who— (A) contributed to the preparation or submission of the amicus brief; (B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or (C) contributed more than $100,000 to the covered amicus in the previous calendar year. (2) Exceptions The requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph (1) in commercial transactions in the ordinary course of any trade or business conducted by the covered amicus or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the covered amicus. (c) Audit The Comptroller General of the United States shall conduct an annual audit to ensure compliance with this section. (d) Prohibition on provision of gifts or travel by covered amici to judges and justices (1) In general Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. (2) Reimbursement for travel for appearances at accredited law schools Paragraph (1) shall not apply to reimbursement for travel for an appearance at an accredited law school. (e) Civil fines Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. (f) Rules of construction (1) Constitutional rights Nothing in this section shall be construed to prohibit or interfere with— (A) the right to petition the Government for the redress of grievances; (B) the right to express a personal opinion; or (C) the right of association, protected by the First Amendment to the Constitution of the United States. (2) Prohibition of activities Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. (g) Severability If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Disclosures related to amicus activities. . | https://www.govinfo.gov/content/pkg/BILLS-117s3385is/xml/BILLS-117s3385is.xml |
117-s-3386 | II 117th CONGRESS 1st Session S. 3386 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Menendez (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prevent, treat, and cure tuberculosis globally.
1. Short title This Act may be cited as the End Tuberculosis Now Act of 2021 . 2. Findings Congress makes the following findings: (1) More than 25 years after the World Health Organization declared Tuberculosis (referred to in this Act as TB ) a public health emergency and called on countries to make scaling up tuberculosis control a priority, TB remains a deadly health threat despite the fact that TB is a preventable, treatable, and curable disease. (2) In 2019 alone, an estimated 10,000,000 people became ill with TB, 10 percent of whom were children, and 1,400,000 of whom died. In order to achieve by 2035 the goals of the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, adopted by the United Nations General Assembly October 10, 2018, and of the World Health Organization End TB Strategy, adopted by the World Health Assembly in 2014, new tools must be developed and made available. (3) Over 1/3 of people who become ill with TB may be undiagnosed or misdiagnosed, resulting in unnecessary illness, communicable infections, and increased mortality. (4) Since March 2020, the COVID–19 pandemic has severely disrupted TB responses in low- and middle-income countries, stalling and reversing years of progress made against TB, with detection dropping by 50 percent and an estimated 1,000,000 fewer people will be diagnosed and enrolled on TB treatment. (5) In May 2020, a modeling study conducted by the Stop Tuberculosis Partnership (referred to in this Act as the Stop TB Partnership ) in collaboration with the United States Agency for International Development (referred to in this Act as USAID ) and partners estimated that a 3-month global lockdown followed by a protracted 10-month restoration could lead to an additional 6,300,000 cases of TB between 2020 and 2025 and an additional 1,400,000 TB deaths during this period, causing a setback of at least 5 to 8 years in the fight against TB. (6) Findings released by the Stop TB Partnership on March 18, 2021, found that TB diagnosis and enrolment on treatment in 2020 declined by an estimated total of 1,000,000 cases in 9 countries that collectively represent 60 percent of the global TB caseload, pushing the TB response back to 2008 levels in terms of people diagnosed and treated. (7) Failure to properly diagnose and treat TB can lead to death and can exacerbate antimicrobial resistance, a key contributor to rising cases of multi-drug-resistant tuberculosis, and extensively drug-resistant tuberculosis, and increasing the probability of the introduction of resistant TB into new geographic areas. (8) TB programs have played a central role in responding to COVID–19, including through leveraging the expertise of medical staff with expertise in TB and lung diseases, the repurposing of TB hospitals, and the use of the TB rapid molecular testing platforms and X-Ray equipment for multiple purposes, including COVID–19. (9) With sufficient resourcing, TB program expertise, infection control, laboratory capacity, active case finding and contact investigation, can serve as a platform for respiratory pandemic response against existing and new infectious respiratory disease without such a response necessitating the disruption of ongoing TB programs and activities. (10) Globally, only about 1/2 of the $13,000,000,000 required annually outlined in the Stop TB Partnership’s Global Plan to End TB for tuberculosis prevention, diagnosis, and treatment is currently available. (11) An estimated additional $3,500,000,000 will be needed during 2021 for TB programs in countries eligible for Global Fund for AIDS, Tuberculosis, and Malaria programming to recover from the negative impacts of COVID–19, with a total annual gap of at least $8,000,000,000 for TB diagnosis, prevention, and treatment in such countries. (12) On September 26, 2018, the United Nations convened the first High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, at which 120 countries— (A) signed a Political Declaration to accelerate progress against TB, including commitments to increase funding for TB control and research and development programs, and ambitious goals to successfully treat 40,000,000 people with tuberculosis and prevent at least 30,000,000 from becoming ill with TB between 2018 and 2022; and (B) committed to ending the epidemic in all countries, and pledge[d] to provide leadership and to work together to accelerate our national and global collective actions, investments and innovations urgently to fight this preventable and treatable disease, as reflected in United Nations General Assembly Resolution A/RES/73/3. (13) The United States Government continues to be a lead funder of global TB research and development, contributing 44 percent of the total $901,000,000 in global funding in 2019, and can catalyze more investments from other countries. (14) Working with governments and partners around the world, the TB efforts by USAID have saved 60,000,000 lives, demonstrating the effectiveness of United States programs and activities. (15) On September 26, 2018, the USAID Administrator announced a new performance-based Global Accelerator to End TB, aimed at catalyzing investments to meet the target set by the United Nations High-Level Meeting on tuberculosis of treating 40,000,000 people with the disease by 2022, further demonstrating the critical role that United States leadership and assistance plays in the fight to eliminate TB. (16) It is essential to ensure that efforts among United States Government agencies, partner nations, international organizations, nongovernmental organizations, the private sector, and other actors are complementary and not duplicative in order to achieve the goal of ending the TB epidemic in all countries. 3. United States Government actions to end tuberculosis Section 104B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–3 ) is amended to read as follows: 104B. Assistance to combat tuberculosis (a) Findings Congress makes the following findings: (1) Congress recognizes the continuing challenge of the international spread of tuberculosis, and the deadly impact of the continued existence of TB. (2) Additional tools and resources are required to effectively diagnose, prevent, and treat tuberculosis. (3) Effectively resourced tuberculosis programs can serve as a critical platform for respiratory pandemic response against existing and new infectious respiratory disease. (b) Policy It is a major objective of the foreign assistance program of the United States to help end the global tuberculosis pandemic through actions to support the diagnosis and treatment of all adults and children with all forms of tuberculosis, and to prevent new tuberculosis infections in adults and children. In all countries in which the United States Government has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, it is the policy of the United States— (1) to support the objectives of the World Health Organization End TB Strategy, including goals— (A) to reduce by 95 percent tuberculosis deaths by 2035; (B) to reduce by 90 percent the tuberculosis incidence rate by 2035; and (C) to reduce by 100 percent the number of families facing catastrophic health costs due to tuberculosis by 2035; (2) to support the Stop TB Partnership’s Global Plan to End TB 2018–2022, and any follow up plan, including support for— (A) developing and using innovative new technologies and therapies to increase active case finding to rapidly diagnose and treat children and adults with all forms of tuberculosis, alleviate suffering, and ensure tuberculosis treatment completion; (B) providing diagnosis and treatment with the goal of successfully treating 40,000,000 people with tuberculosis by 2022, including 3,500,000 children, and 1,500,000 people with drug-resistant tuberculosis in support of the target set by the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis; (C) diagnosing and treating latent tuberculosis infection, in support of the global goal of providing preventive therapy to at least 30,000,000 people, including 4,000,000 children under 5 years of age, 20,000,000 household contacts of people affected by tuberculosis, and 6,000,000 people living with HIV, by 2022; (D) ensuring high quality tuberculosis care by closing gaps in care cascades, implementing continuous quality improvement at all levels of care, and providing patient support; and (E) sustainably procuring tuberculosis commodities to avoid interruptions in supply, the procurement of commodities of unknown quality, or payment of excessive commodity costs in countries impacted by tuberculosis; and (3) to ensure that United States funding supports activities that simultaneously emphasize— (A) the development of comprehensive person-centered programs, including diagnosis, treatment, and prevention strategies to ensure that— (i) all people sick with tuberculosis receive quality diagnosis and treatment through active case finding; and (ii) people at high risk for tuberculosis infection are found and treated with preventive therapies in a timely manner; (B) robust tuberculosis infection control practices are implemented in all congregate settings, including hospitals and prisons; (C) the deployment of diagnostic and treatment capacity— (i) in areas with the highest tuberculosis burdens; and (ii) for highly at-risk and impoverished populations, including patient support; (D) program monitoring and evaluation based on critical tuberculosis indicators, including indicators relating to infection control, the numbers of patients accessing tuberculosis treatment, along with patient support services, and preventative therapy for those at risk, including all close contacts, and treatment outcomes for all forms of tuberculosis; (E) training and engagement of health care workers on the use of new diagnostic tools and therapies as they become available, and increased support for training frontline health care workers to support expanded tuberculosis active case finding, contact tracing and patient support; (F) coordination with domestic agencies and organizations on an aggressive research agenda to develop vaccines as well as new tools to diagnose, treat, and prevent tuberculosis globally; (G) linkages with the private sector on— (i) research and development of a vaccine, and on new tools for diagnosis and treatment of tuberculosis; (ii) improving current tools for diagnosis and treatment of tuberculosis; and (iii) training healthcare professionals on use of the newest and most effective diagnostic and therapeutic tools; (H) the reduction of barriers to care, including stigma and treatment and diagnosis costs, through— (i) training for health workers; (ii) sensitizing of policy makers; (iii) requirements for access and affordability provisions in all grants and funding agreements; (iv) education and empowerment campaigns for tuberculosis patients regarding local tuberculosis services; (v) monitoring barriers to accessing tuberculosis services; and (vi) increased support for patient-led and community-led tuberculosis outreach efforts; and (I) support for country-level, sustainable accountability mechanisms and capacity to measure progress and ensure that commitments made by governments and relevant stakeholders are met. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . (2) End TB strategy The term End TB Strategy means the strategy to eliminate tuberculosis that was approved by the World Health Assembly in May 2014, and is described in The End TB Strategy: Global strategy and targets for tuberculosis prevention, care and control after 2015. (3) Global alliance for tuberculosis drug development The term Global Alliance for Tuberculosis Drug Development means the public-private partnership that bring together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis. (4) Global tuberculosis drug facility The term Global Tuberculosis Drug Facility means the initiative of the Stop Tuberculosis Partnership to increase access to the most advanced, affordable, quality-assured tuberculosis drugs and diagnostics. (5) MDR–TB The term MDR–TB means multi-drug-resistant tuberculosis. (6) Stop tuberculosis partnership The term Stop Tuberculosis Partnership means the partnership of the United Nations Office for Project Services, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world. (7) XDR–TB The term XDR–TB means extensively drug-resistant tuberculosis. (d) Authorization To carry out this section, the President is authorized, consistent with section 104(c), to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of tuberculosis. (e) Goals In consultation with the appropriate congressional committees, the President shall establish goals, based on the policy and indicators described in subsection (b), for United States tuberculosis programs to detect, cure and prevent all forms of tuberculosis globally for the period between 2023 and 2030 that is aligned with the End TB Strategy’s 2030 targets, by updating the United States Government Tuberculosis Strategy (2015–2019) and the National Action Plan for Combating Multidrug-Resistant Tuberculosis. (f) Coordination (1) In general In carrying out this section, the President shall coordinate with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive global tuberculosis response program. (2) Bilateral assistance In providing bilateral assistance under this section, the President, acting through the Administrator of the United States Agency for International Development, shall— (A) catalyze support for research and development of new tools to prevent, diagnose, treat, and control tuberculosis worldwide, particularly to reduce the incidence of, and mortality from, all forms of drug-resistant tuberculosis; (B) ensure United States programs and activities aimed at reaching those infected with tuberculosis provide quality diagnosis and treatment, and reach those at high risk with preventive therapy; and (C) ensure coordination among relevant United States Government agencies, including the Centers for Disease Control and Prevention, the National Institutes of Health, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, the Department of Defense (through its Congressionally Directed Medical Research Program), and other Federal agencies that engage in international tuberculosis activities to ensure accountability and transparency, reduce duplication of efforts and ensure appropriate integration and coordination of tuberculosis services into other United States-supported health programs. (g) Priority To End TB Strategy In furnishing assistance under subsection (d), the President shall give priority to— (1) building and strengthening tuberculosis programs to diagnose and treat all people sick with TB, and ensuring everyone who is sick with tuberculosis have access to quality diagnosis and treatment; (2) direct, high-quality integrated services for all forms of tuberculosis, as described by the World Health Organization, which call for the coordination of active case finding, treatment of all forms of tuberculosis disease and infection, patient support, and tuberculosis prevention; (3) individuals co-infected with HIV and other co-morbidities, and other individuals with tuberculosis who may be at risk of stigma; (4) strengthening the capacity of health systems to detect, prevent, and treat tuberculosis, including MDR–TB and XDR–TB, as described in the International Standards for Tuberculosis Care, and the latest international guidance related to tuberculosis; (5) research and development of innovative diagnostics, drug therapies, and vaccines, and program-based operational research; (6) the Stop Tuberculosis Partnership’s Global Drug Facility, and the Global Alliance for Tuberculosis Drug Development, and other organizations promoting the development of new products and drugs for tuberculosis; and (7) ensuring tuberculosis programs can serve as key platforms for supporting national respiratory pandemic response against existing and new infectious respiratory disease. (h) Assistance for the World Health Organization and the Stop Tuberculosis Partnership In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high burdens or rates of tuberculosis and other affected countries to implement the End TB Strategy, the Stop TB Global Plan to End TB, their own national strategies and plans, other global efforts to control MDR–TB and XDR–TB. (i) Annual report on tuberculosis activities Not later than December 15 of each year until the goals specified in subsection (b)(1) are met, the President shall submit an annual report to the appropriate congressional committees that describes United States foreign assistance to control tuberculosis and the impact of such efforts, including— (1) the number of individuals with active tuberculosis disease that were diagnosed and treated, including the rate of treatment completion and the number receiving patient support; (2) the number of persons with MDR–TB and XDR–TB that were diagnosed and treated, including the rate of completion, in countries receiving United States bilateral foreign assistance for tuberculosis control programs; (3) the numbers of people trained by the United States Government in tuberculosis surveillance and control; (4) the number of individuals with active TB disease identified as a result of engagement with the private sector and other nongovernmental partners in countries receiving United States bilateral foreign assistance for tuberculosis control programs; (5) a description of the collaboration and coordination of United States anti-tuberculosis efforts with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and other major public and private entities; (6) a description of the collaboration and coordination among the United States Agency for International Development and other United States agencies, including the Centers for Disease Control and Prevention and the Office of the Global AIDS Coordinator, for the purposes of combating tuberculosis; (7) the constraints on implementation of programs posed by health workforce shortages, health system limitations, other components of successful implementation, and strategies to address such constraints; (8) a breakdown of expenditures for patient services supporting TB diagnosis, treatment, and prevention, including procurement of drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening that directly impacts provision of TB services, and research; and (9) for each country receiving bilateral United States assistance for the purpose of tuberculosis prevention, treatment, and control— (A) a description of progress to adopt and implement the most recent World Health Organization guidelines to improve diagnosis, treatment, and prevention of tuberculosis for adults and children, disaggregated by sex, including the proportion of health facilities that have adopted the latest World Health Organization guidelines on strengthening surveillance systems and preventative, diagnostic, and therapeutic methods, including the use of rapid diagnostic tests and orally administered tuberculosis treatment regimens; (B) the number of adults and children receiving tuberculosis preventive therapy, including people with HIV and all close contacts, disaggregated by sex and, as possible, income or wealth quintile, and the establishment of effective tuberculosis infection control in all relevant congregant settings, including hospitals, clinics, and prisons; (C) a description of progress in implementing measures to reduce tuberculosis incidence, including actions— (i) to expand active case finding and contact tracing to identify and reach vulnerable groups; and (ii) to expand tuberculosis preventive therapy, engagement of the private sector, and diagnostic capacity; (D) a description of progress to expand diagnosis, prevention, and treatment for all forms of tuberculosis, including in pregnant women, children, and other high-risk individuals and groups at greater risk of TB, including migrants, prisoners, miners, people exposed to silica, and people living with HIV/AIDS, disaggregated by sex; (E) the rate of successful completion of tuberculosis treatment for adults and children, disaggregated by sex, and the number of individuals receiving support for treatment completion; (F) the number of people, disaggregated by sex, receiving treatment for MDR–TB, the proportion of those treated with the latest regimens endorsed by the World Health Organization, any factors impeding scale up of such treatment, and a description of progress to expand community-based MDR–TB care; (G) a description of tuberculosis commodity procurement challenges, including shortages, stockouts, or failed tenders for tuberculosis drugs or other commodities; (H) the proportion of health facilities with specimen referral linkages to GeneXpert testing sites, and to reference labs for second line drug resistance testing, and a description of the turnaround time for test results; (I) the number of people trained by the United States Government to deliver high-quality tuberculosis surveillance, laboratory services, prevention, treatment, and care; (J) a description of how supported activities are coordinated with— (i) country national TB plans and strategies; and (ii) tuberculosis control efforts supported by the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other international assistance funds, including in the areas of program development and implementation; and (K) for the first 3 years of the report required under this subsection, a section that describes the progress in recovering from the negative impact of COVID–19 on tuberculosis, including whether there has been the development and implementation of a comprehensive plan to ensure tuberculosis activities recover from diversion of resources, the continued use of bidirectional TB–COVID testing, and progress on increased diagnosis and treatment of active tuberculosis. (j) Annual report on tuberculosis research and development The President, acting through the Administrator of the United States Agency for International Development, and in coordination with the National Institutes of Health, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, and the Office of the Global AIDS Coordinator, shall submit an annual report to Congress that— (1) describes current progress and challenges to the development of new tools for the purpose of tuberculosis prevention, treatment, and control; (2) identifies critical gaps and emerging priorities for research and development, including for rapid and point-of-care diagnostics, shortened treatments and prevention methods, and vaccines; and (3) describes research investments by type, funded entities, and level of investment. (k) Evaluation report Not later than 2 years after the date of the enactment of the End Tuberculosis Now Act of 2021 , and every 5 years thereafter until 2036, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that evaluates the performance and impact on tuberculosis prevention, diagnosis, treatment, and care efforts that are supported by United States bilateral assistance funding, including recommendations for improving such programs. . | https://www.govinfo.gov/content/pkg/BILLS-117s3386is/xml/BILLS-117s3386is.xml |
117-s-3387 | II 117th CONGRESS 1st Session S. 3387 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mrs. Feinstein (for herself, Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Menendez , Mr. Murphy , Mr. Padilla , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the search and retention of certain records with respect to conducting criminal background checks, and for other purposes.
1. Short title This Act may be cited as the National Instant Criminal Background Check System (NICS) Data Integrity Act of 2021 . 2. Search of National Data Exchange (a) Retention of Background Check Records Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) is amended— (1) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; (2) in subsection (g), in the last sentence, by striking subsection (k) and inserting subsection (l) ; and (3) by inserting after subsection (g) the following: (h) Record Retention (1) Deadline for Retention Notwithstanding any other provision of law, the system shall retain records related to a transfer or potential transfer of a firearm to a person who is the subject of a call to the system pursuant to subsection (s) or (t) of section 922 of title 18, United States Code, for as long as necessary to determine whether receipt of a firearm by the person would violate subsection (g) or (n) of such section or State law. (2) Notice of Retention If the system has not determined whether receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law within 30 days after a call to the system with respect to the person, the system shall notify the person in writing (or by electronic mail if the person has consented to the use of electronic mail) that— (A) the system may retain records relating to the person and the transfer of a firearm until the system determines that receipt of such firearm by the person does not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law; and (B) the person may submit to the Attorney General information to correct, clarify, or supplement records (with respect to the person) retained by the system in accordance with this section and any regulation established by the Attorney General. . (b) Search of National Data Exchange Section 103(e)(1) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(e)(1) ) is amended by adding at the end the following: (L) Search of National Data Exchange Database When determining whether receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of title 18, United States Code, the system established under this section shall search databases containing relevant information, including— (i) the National Data Exchange; (ii) the Interstate Identification Index System (as defined in article I of the National Crime Prevention and Privacy Compact, set forth in section 217 of the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40316 )); (iii) the National Crime Information Center databases; (iv) the database created for use by the National Instant Criminal Background Check System and that contains descriptive information on persons determined to be disqualified from possessing a firearm based upon State or Federal law (commonly known as the NICS Index ); and (v) any other database determined by the Attorney General to be relevant to conducting a background search. . | https://www.govinfo.gov/content/pkg/BILLS-117s3387is/xml/BILLS-117s3387is.xml |
117-s-3388 | II 117th CONGRESS 1st Session S. 3388 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve benefits administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Veterans Benefits 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. Sec. 2. Definitions. TITLE I—Board of Veterans' Appeals matters Sec. 101. Board of Veterans' Appeals internship program. Sec. 102. Pilot program on establishment of Board of Veterans' Appeals honors program. Sec. 103. Report on improving access to Board of Veterans' Appeals telehearings. TITLE II—Medical disability exam matters Sec. 201. Improving requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs. Sec. 202. Report on improving medical disability examinations for veterans who live abroad. Sec. 203. Department of Veterans Affairs requirement for communication by contractors providing covered medical disability examinations with persons recognized by power of attorney for preparation, presentation, and prosecution of claims. Sec. 204. Department of Veterans Affairs outreach regarding contact information for contractors providing covered medical disability examinations. TITLE III—Other matters Sec. 301. Report on supporting governmental veterans service officers. Sec. 302. Electronic notification of decisions and other electronic communications. Sec. 303. Facilitating Department of Veterans Affairs contractor access to Federal tax return information necessary for claims processing. 2. Definitions In this Act: (1) Claimant The term claimant has the meaning given that term in section 5100 of title 38, United States Code. (2) Department The term Department means the Department of Veterans Affairs. (3) Secretary The term Secretary means the Secretary of Veterans Affairs. I Board of Veterans' Appeals matters 101. Board of Veterans' Appeals internship program (a) In general Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section: 7114. Internship program The Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board. . (b) Clerical amendment The table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item: 7114. Internship program. . (c) Deadline The Secretary shall establish the internship program required by section 7114 of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. 102. Pilot program on establishment of Board of Veterans' Appeals honors program (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary shall establish a pilot program to assess the feasibility and advisability of establishing a competitive honors program within the Department for the purpose of recruiting high-achieving law school students, recent law school graduates, and entry-level attorneys for employment with the Board. (b) Duration The Secretary shall carry out the pilot program required by subsection (a) during the nine-year period beginning on the date of the establishment of the pilot program. (c) Honors program (1) In general Under the pilot program required by subsection (a), the Secretary shall carry out a competitive honors program as described in such subsection. (2) Priority consideration The Secretary shall give priority consideration in application for the honors program to individuals who successfully complete the internship program established under section 7114 of title 38, United States Code, as added by section 101(a). (3) Student loan repayment benefits (A) In general The Secretary shall provide student loan repayment benefits under section 5379 of title 5, United States Code, to each participant in the pilot program who is eligible for student loan repayment benefits under such section. (B) Agreements The Secretary shall enter into an agreement with each participant in the pilot program who will receive benefits described in subparagraph (A), in accordance with such section. (C) Commitment An agreement described in subparagraph (B) shall include a requirement that the participant will remain in the service of the Department for a period of not less than three years, unless involuntarily separated, in accordance with subsection (c) of such section. (4) Professional development activities (A) Assignment of mentors Not later than 90 days after the date on which an individual begins participating in the pilot program required by subsection (a), the Secretary shall assign the participant a mentor who is a managerial employee of the Department outside the participant's chain of command. (B) Assignments to Office of General Counsel (i) In general The Secretary shall provide each participant in the pilot program at least one assignment within the Office of General Counsel of the Department that includes full-time legal responsibilities in order to further the professional development of the participant. (ii) Period of assignment An assignment provided under clause (i) shall be for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary. (C) Other rotational assignments (i) In general The Secretary may provide a participant in the pilot program one or more other short-term rotational assignments. (ii) Period of assignment An assignment provided under clause (i) shall be for a period of not less than 30 days and not more than 180 days, at the discretion of the Secretary. (d) Periodic reports (1) Reports required Not later than three years after the date on which the Secretary first accepts a participant into the honors program carried out under subsection (c)(1) and not less frequently than once every three years thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of establishing a competitive honors program as described in subsection (a). (B) Such recommendations as the Secretary may have for legislative or administrative action to improve recruitment and retention of staff at the Board of Veterans' Appeals. 103. Report on improving access to Board of Veterans' Appeals telehearings (a) In general Not later than 180 days 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 improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission. (b) Contents The report required by subsection (a) shall include the following: (1) Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing. (2) Recommendations on establishment of pilot programs to assess the feasibility and advisability of using other methods that could improve veteran access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission from a veteran’s home. (3) Such other recommendations to improve access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission as the Secretary may receive from stakeholders. II Medical disability exam matters 201. Improving requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs Section 5101(d) of title 38, United States Code, is amended— (1) in paragraph (1)(A), by striking ; and and inserting “, including (except as provided in paragraph (4)(A))— (i) all disability benefit questionnaire forms available to personnel of the Veterans Health Administration and contracted personnel for the completion of compensation and pension examinations; and (ii) all factsheets available to such personnel to inform completion of such examinations; and ; and (2) by adding at the end the following new paragraph: (4) (A) The Secretary may exclude from publication under clauses (i) and (ii) of paragraph (1)(A) any form described in subparagraph (B) of this paragraph that the Secretary determines could not reasonably be completed to a clinically acceptable standard by someone not an employee or a contractor of the Department. (B) A form described in this subparagraph is a form that— (i) was in effect after January 1, 2020; and (ii) has not been published under paragraph (1). (C) For each form excluded under subparagraph (A), the Secretary shall— (i) list the form on the same internet website as the forms published under paragraph (1)(A) with an indication that the form has been excluded; and (ii) provide with such listing a justification for such exclusion. . 202. Report on improving medical disability examinations for veterans who live abroad Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary to provide reimbursement for a veteran’s travel to a Department facility or a facility of a Department-contracted provider, regardless of whether the facility is inside or outside the United States, when such travel is incident to a scheduled compensation and pension examination. 203. Department of Veterans Affairs requirement for communication by contractors providing covered medical disability examinations with persons recognized by power of attorney for preparation, presentation, and prosecution of claims (a) In general In each contract entered into by the Secretary after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include a requirement that every communication from a contractor to a veteran regarding the scheduling of a covered medical disability examination be contemporaneously transmitted to the person recognized by a power of attorney executed under sections 5902, 5903, and 5904 of title 38, United States Code, for the preparation, presentation, and prosecution of claims. (b) Definition In this section, the term covered medical disability examination means a medical examination that the Secretary determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code. 204. Department of Veterans Affairs outreach regarding contact information for contractors providing covered medical disability examinations Not later than 120 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall, in partnership with veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate, implement an informative outreach program for veterans regarding the following: (1) Contact information for contractors providing covered medical disability examinations, including the telephone numbers from which such contractors may contact veterans. (2) The requirement for veterans to provide personally identifiable information when contacted by such contractors in order to verify their identity. III Other matters 301. Report on supporting governmental veterans service officers (a) Report Not later than one year after the date of the enactment of this Act and after consulting veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate, 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 improving the support by the Department of Veterans Affairs of governmental veterans service officers. (b) Elements The report submitted under subsection (a) shall include the following: (1) Enhanced access to systems An assessment of the feasibility and current technical limitations of providing governmental veterans service officers enhanced access to certain Department systems to better serve veterans those governmental service officers may not have authorization to represent. (2) Intergovernmental liaisons An assessment as to whether the Department would benefit from the establishment or designation of an office or working group within the Department to serve as an intergovernmental liaison between the Department and governmental veterans service officers. (3) Other Any other recommendations to improve how the Department monitors, coordinates with, or provides support to governmental veterans service officers. (c) Definitions In this section: (1) Governmental veterans service officer The term governmental veterans service officer means an employee of a State, county, municipal, or Tribal government— (A) who is accredited by at least one veterans service organization to serve as a veterans service officer; and (B) whose primary responsibilities include working as such an officer. (2) Veterans service organization The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. 302. Electronic notification of decisions and other electronic communications (a) Notice defined Section 5100 of title 38, United States Code, is amended— (1) in the section heading, by striking Definition of “claimant” and inserting Definitions” ; (2) by striking this chapter, the term and inserting “this chapter: (1) The term ; and (3) by adding at the end the following new paragraph: (2) The term notice means a communication delivered through a method determined appropriate by the Secretary, which may include electronic notification in accordance with section 5104(c) of this title. . (b) Notice of decisions of Secretary of Veterans Affairs regarding benefits Section 5104 of such title is amended by adding at the end the following new subsection: (c) (1) The Secretary may provide notice to a person under subsection (a) of this section and under section 7104(e) of this title electronically, but only after the person affirmatively consents to electronic notification for all decisions requiring notice under this section, including section 7104 of this title. (2) (A) A person may revoke consent to electronic notification under paragraph (1) at any time by informing the Secretary of such revocation. (B) A revocation under this paragraph is effective upon a person's submission of such revocation, whether by electronic means or by mail. (3) The Secretary shall, on an annual basis— (A) solicit input from stakeholders for recommendations to improve how the Department issues notifications under this section, including section 7104 of this title; and (B) publicly publish responses to such input on a website of the Department. . (c) Notice of higher-Level review decision by agency of original jurisdiction Section 5104B(c) of such title is amended by striking in writing and inserting to the claimant and the claimant’s representative . (d) Notice of decisions by Board of Veterans' Appeals Section 7104 of such title is amended by striking subsection (e) and inserting the following: (e) Subject to section 5104(c) of this title, after reaching a decision on a case, the Board shall promptly provide notice (as that term is defined in section 5100 of this title) of such decision to the following: (1) The claimant. (2) Any other party with a right to notice of such decision. (3) Any authorized representative of the appellant or party described in subparagraph (B). . (e) Notice of disagreement Section 7105(b)(1)(A) of such title is amended by striking mailing and inserting provision . 303. Facilitating Department of Veterans Affairs contractor access to Federal tax return information necessary for claims processing (a) In general Section 6103(l)(7) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Redisclosures (i) In general Officers and employees of the Department of Veterans Affairs who are specifically designated by the Secretary of Veterans Affairs may redisclose return information described in subparagraphs (A) and (B) to contractors of such Department administering (or assisting in administering) a program listed in subparagraph (D)(viii). (ii) Restrictions on use of information Information disclosed under this subparagraph shall be disclosed only for purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of, benefits under a program listed in subparagraph (D)(viii). . (b) Conforming amendment Section 6103(a)(3) of such Code is amended by inserting (7)(E), after (6), . (c) Safeguards Section 6103(p)(4) of such Code is amended by striking subsection (l)(10) each place it appears and inserting subsection (l)(7), (10) . | https://www.govinfo.gov/content/pkg/BILLS-117s3388is/xml/BILLS-117s3388is.xml |
117-s-3389 | II 117th CONGRESS 1st Session S. 3389 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Booker (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to establish a demonstration project to improve outpatient clinical care for individuals with sickle cell disease.
1. Short title This Act may be cited as the Sickle Cell Disease Comprehensive Care Act . 2. Medicaid demonstration project to improve outpatient clinical care for individuals with sickle cell disease Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (cc) Demonstration project To improve outpatient clinical care for individuals with sickle cell disease (1) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this subsection, not later than the date that is 1 year after the date of the enactment of this subsection, the Secretary shall, in consultation, as appropriate, with the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Deputy Assistant Secretary for Minority Health, conduct a 5-year demonstration project (referred to in this subsection as the demonstration project ) for the purpose described in paragraph (2) under which the Secretary shall— (A) for the first 18-month period of such project, award planning grants described in paragraph (3); and (B) for the remaining 42-month period of such project, provide payments to each State selected under paragraph (4) in accordance with paragraph (5). (2) Purpose The purpose described in this paragraph is for each State that participates in the demonstration project to improve access to high-quality outpatient care for individuals receiving services under the State plan (or waiver of such plan) who are living with sickle cell disease (with a focus on, but not limited to, young adults and pregnant women), to improve clinical, mental health, ancillary, and support services, and to reduce overall and long-term costs, as appropriate, to the State associated with treating individuals with sickle cell disease under the State plan (or waiver of such plan) through the following activities: (A) Supporting the creation or augmentation of multi-disciplinary care teams that include the physicians needed to adequately treat an individual for sickle cell disease and its complications, as determined by the Secretary in consultation with the appropriate stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (B) Conducting an assessment of the barriers to care experienced by individuals with sickle cell disease enrolled under the State plan (or waiver of such plan), taking into account social, demographic, and economic factors, geography, provider shortages, and other issues contributing to health inequities, as determined by the Secretary in consultation with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (C) Identifying best practices for improving health equity for individuals with sickle cell disease enrolled under the State plan (or waiver of such plan) which take into account the results of the assessment described in subparagraph (B), and communicating such best practices through the provision of education, training, and technical assistance to providers participating under the State plan (or waiver of such plan), including to care teams described in subparagraph (A). (D) Expanding expertise of providers participating under the State plan (or waiver of such plan) on care for sickle cell disease by disseminating clinical practice guidelines for sickle cell disease and providing education, training, and technical assistance with respect to such guidelines to such providers. (E) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are getting primary and preventive services in an appropriate outpatient setting or through telehealth services, as appropriate, including by providing additional reimbursement for care coordinators, community health workers, and other non-traditional service providers. (F) Developing an individualized, comprehensive, patient-centered care plan for individuals with sickle cell disease that accommodates patient preferences in a culturally and linguistically appropriate manner. (G) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are provided with coordination of, and access to, the following services, as determined to be clinically appropriate: (i) Treatments and medications, including chronic and exchange transfusions and disease-modifying medications. (ii) Appropriate diagnostic testing such as magnetic resonance imaging. (iii) Pain management treatment and palliative care. (iv) Services provided by subspecialists such as obstetricians and gynecologists, reproductive health specialists, urologists, ophthalmologists, neurologists, nephrologists, psychologists, orthopedists, cardiologists, and pulmonologists. (v) Supportive clinical services, including vision and dental care. (vi) Mental health services and substance use disorder treatment. (vii) Transportation to medical services and social support services and referrals to community-based organizations. (viii) Any other therapies approved by the Food and Drug Administration for the treatment of sickle cell disease or its complications. (ix) Any other services deemed appropriate for the treatment of sickle cell disease or its complications by the State. (H) Providing other services or taking other actions deemed necessary to improve treatment of sickle cell disease under the State plan (or waiver of such plan), as determined by the Secretary in coordination with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (3) Planning grants (A) In general The Secretary shall award planning grants to at least 10 States selected in accordance with subparagraph (B) for purposes of preparing an application described in paragraph (4)(C) and carrying out the activities described in subparagraph (C). (B) Selection In selecting States for purposes of this paragraph, the Secretary shall— (i) select States that have a State plan approved under this title; (ii) give priority to States that have participated in the sickle cell disease surveillance data collection program of the Centers for Disease Control and Prevention or precursors to such program; and (iii) select States in a manner to recognize States with a higher prevalence of sickle cell disease patients that could be reached through this demonstration project. (C) Activities described Activities described in this subparagraph are, with respect to a State, each of the following: (i) Activities that support an assessment of the treatment needs and gaps in care in the State for individuals with sickle cell disease in order to improve the network of providers that treat this population, including the following: (I) An estimate of the number of individuals enrolled under the State plan (or a waiver of such plan) who have sickle cell disease. (II) Information on the capacity of providers with the knowledge needed to treat sickle cell disease and the complications of sickle cell disease, including information on providers who provide such services and their participation under the State plan (or waiver of such plan). (III) Information on the gaps in care for treatment of individuals with sickle cell disease under the State plan (or waiver of such plan), including information based on the assessments described in subclauses (I) and (II). (ii) Activities that, taking into account the results of the assessment described in clause (i), support the development of State infrastructure to recruit prospective providers and provide training and technical assistance to providers with respect to treatment of sickle cell disease under the State plan (or a waiver of such plan). (D) Funding For the purpose of making grants under this paragraph, there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000, to remain available until expended. (4) Post-planning grant states (A) In general The Secretary shall, with respect to the remaining 42-month period of the demonstration project conducted under paragraph (1), select up to 10, but not less than 5 States in accordance with subparagraph (B) for purposes of carrying out the activities described in paragraph (2) and receiving payments in accordance with paragraph (5). The Secretary may select all States that received a planning grant in paragraph (3). (B) Selection In selecting States for purposes of this paragraph, the Secretary shall— (i) select States that received a planning grant under paragraph (3) and have successfully completed the activities described in subparagraph (C) of such paragraph; (ii) select States that submit to the Secretary an application in accordance with the requirements in subparagraph (C); and (iii) select States in a manner consistent with reaching as many sickle cell disease patients as possible through the demonstration project. (C) Applications (i) In general A State seeking to be selected for purposes of this paragraph shall submit to the Secretary, at such time and in such form and manner as the Secretary requires, an application that includes such information as the Secretary may require, in addition to the following: (I) A proposed process for carrying out the activities described in paragraph (2). (II) A review of reimbursement methodologies and other policies related to sickle cell disease treatment under the State plan (or waiver of such plan) that may create barriers to increasing the number of providers delivering such services. (III) The development of a plan, taking into account activities carried out under paragraph (3)(C)(ii), that will result in long-term and sustainable provider networks under the State plan (or waiver of such plan) for sickle cell disease. (IV) A proposed process for reporting the information required under paragraph (6)(A). (V) The expected financial impact of the demonstration project under this subsection on the State. (VI) A description of all funding sources available to the State to provide treatment for sickle cell disease under the State plan (or waiver of such plan) in the State. (VII) A preliminary plan for how the State will sustain any increase in the capacity of providers to deliver treatment for sickle cell disease and the complications of sickle cell disease resulting from the demonstration project under this subsection after the termination of such demonstration project. (VIII) A description of how the State will coordinate the goals of the demonstration project with any waiver granted (or submitted by the State and pending) pursuant to section 1115 for the delivery of services to treat sickle cell disease under the State plan, as applicable. (ii) Consultation In completing an application under clause (i), a State shall consult with relevant stakeholders, including Medicaid managed care plans, hematologists and other sickle cell disease specialists, and Medicaid beneficiaries and sickle cell disease advocates, and include in such application a description of such consultation. (5) Payments (A) Enhanced FMAP for sickle cell disease treatment Notwithstanding section 1905(b), for each quarter occurring during the period for which the demonstration project is conducted (after the first 18 months of such period), the Federal medical assistance percentage for each State selected under paragraph (4) with respect to amounts expended by the State for medical assistance for medically necessary services to treat sickle cell disease shall be equal to 100 percent. (B) Case management services for sickle cell disease patients (i) In general During the period for which the demonstration project is conducted (after the first 18 months of such period), a State selected under paragraph (4) may provide a multi-disciplinary care team described in paragraph (2)(A) with payments for the provision of case management and care coordination services to an individual with sickle cell disease who is eligible under the State plan (or waiver of such plan). Payments made to such a team shall be treated as medical assistance for purposes of section 1903(a) except that the Federal medical assistance percentage applicable to such payments shall be equal to 100 percent. (ii) Methodology A State that elects to make case management and care coordination payments to a multi-disciplinary care team under this subparagraph shall specify in a State's application under paragraph (4) the methodology the State will use for determining payment for the provision of such services. Such methodology shall not be limited to a per-member-per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment. (6) Reports (A) State reports A State receiving payments under paragraph (5) shall, for the period of the demonstration project under this subsection, submit to the Secretary a quarterly report, with respect to expenditures for treatment of sickle cell disease and complications of sickle cell disease for which payment is made to the State under this subsection, on the following: (i) The specific activities with respect to which payment under this subsection was provided. (ii) The number of individuals enrolled under the State plan (or a waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project compared to the estimated number of such individuals who would have otherwise received such services in the absence of such demonstration project. (iii) The number of individuals enrolled under the State plan (or waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project who utilized the services beyond clinical sickle cell disease services, including mental health, ancillary and support services and the impact on their health outcomes, including emergency department visits and inpatient hospital stays. (iv) The reductions in inpatient days, reductions in emergency department visits, and reductions in the total cost of care compared to these metrics before the demonstration project was implemented. (v) Other matters as determined by the Secretary. (B) CMS reports (i) Initial report Not later than 18 months after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Administrator of the Health Resources and Services Administration, shall submit to Congress an initial report on— (I) the States awarded planning grants under paragraph (3); (II) the criteria used in such selection; and (III) the activities carried out by such States under such planning grants. (ii) Interim report Not later than 3 years after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services shall, submit to Congress an interim report— (I) on activities carried out under the demonstration project under this subsection; (II) on the extent to which States selected under paragraph (4) have achieved the activities submitted in their applications under subparagraph (C) of such paragraph; (III) with a description of the strengths and limitations of such demonstration project; and (IV) with a plan for the sustainability of such project. (iii) Final report Not later than 1 year following the implementation of the demonstration project, the Secretary shall submit to Congress and make public a final report— (I) providing updates on the matters reported in the interim report under clause (ii); (II) including a description of any changes made with respect to the demonstration project under this subsection after the submission of such interim report; and (III) evaluating such demonstration project. (C) Report on experiences of States Not later than 3 years after the date of the enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Director of the Agency for Healthcare Research and Quality, shall submit to Congress a summary on the experiences of States awarded planning grants under paragraph (3) and States selected under paragraph (4). (7) Data sharing and best practices During the period of the demonstration project under this subsection, the Secretary shall, in collaboration with States selected under paragraph (4), facilitate information sharing and the exchange of identified best practices between— (A) providers who treat sickle cell disease; and (B) States selected under paragraph (4) and States that were not so selected. (8) CMS funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $50,000,000 to the Centers for Medicare & Medicaid Services for purposes of implementing this subsection, including completing the reports to Congress required under this Act. Such amount shall remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s3389is/xml/BILLS-117s3389is.xml |
117-s-3390 | II 117th CONGRESS 1st Session S. 3390 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase research, education, and treatment for cerebral cavernous malformations.
1. Short title This Act may be cited as the Cerebral Cavernous Malformations Clinical Awareness, Research, and Education Act of 2021 or the CCM–CARE Act of 2021 . 2. Findings Congress finds as follows: (1) Cerebral cavernous malformations (referred to in this section as CCM ), also known as cavernous angioma, or cavernoma, is a devastating blood vessel disease characterized by vascular lesions that develop and grow within the brain and spinal cord. (2) Detection of CCM lesions is achieved through costly and specialized medical imaging techniques, often not accessible or convenient to patients who need them. (3) While CCM is a common type of vascular anomaly, many individuals are not aware they have the disease until the onset of serious clinical symptoms. CCM is often inherited unknowingly. (4) CCM affects an estimated 600,000 people in the United States. (5) Individuals diagnosed with CCM may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research, there is currently no treatment for CCM other than brain and spinal surgery, and only for certain patients. (7) There is also a shortage of trained physicians to provide skilled and timely diagnosis and appropriate treatment for CCM. (8) While the hereditary form of CCM may occur among any ethnicity, the presence of a mutation called the common Hispanic mutation , has passed through 14 or more generations of American descendants from the original Spanish settlers of the Southwest in the 1590s. New Mexico has the highest population density of CCM in the world; Texas, Arizona, and Colorado also have high rates of CCM due to the common Hispanic mutation. (9) A second mutation (CCM2 Common Deletion) originating in the Southeastern United States before 1800 has increased rates of the illness in South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Oklahoma, Kentucky, Kansas, and northern California. 3. Expansion and coordination of activities of national institutes of health with respect to cerebral cavernous malformations research Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Cerebral cavernous malformations research activities (a) Expansion and coordination of activities The Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, for the purpose of conducting research and related activities concerning cerebral cavernous malformations (referred to in this section as CCM )— (1) shall strengthen and coordinate efforts of the National Institutes of Health; and (2) may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities). (b) Activities The research and related activities described in subsection (a) shall include the following: (1) Clinical, translational, and basic research The Director of NIH shall conduct or support, through funding opportunity announcements, grants, or cooperative agreements, basic, clinical, and translational research on CCM, including research on— (A) the identification and development of affordable biomarkers that fulfill the requirement of the Food and Drug Administration for biomarker qualification as proper measures of CCM pathogenic biology, including diagnosis, or response to clinical intervention; (B) pre-clinical trials of promising CCM drug treatment candidates; (C) novel biomedical and pharmacological interventions designed to target existing lesions to reduce their size and clinical activity; (D) clinical research related to repurposing currently approved drugs for application for CCM treatment; (E) the gut-brain axis and the effects of microbiome composition on clinical symptomology; (F) the microbiome as a therapeutic target for CCM treatment; (G) research related to gene therapy as a treatment for familial CCM; (H) research related to the mechanistic overlap between CCM and other disorders, including vascular disorders and cancer; (I) research related to improving and measuring the quality of life for individuals with CCM and their families; (J) contributions of genetic variation to clinical presentation as targets for therapy; (K) clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out the research described in this paragraph; (L) continued development and expansion of novel animal models for preclinical research relating to CCM; (M) proteomic, pharmacological, and cell biological analysis of CCM molecules; (N) biological mechanisms for lesion genesis, development, and maturation; (O) biological mechanisms for lesion bleeding and symptomology; (P) novel biomedical and pharmacological interventions designed to inhibit new lesion development, lesion growth, and lesion bleeding; and (Q) continued research related to understanding better the natural history and clinical variation associated with CCM, particularly as it relates to the development of drug development tools and clinical outcome assessments. (2) Facilitation of research resources; clinical trial preparedness (A) In general The Director of NIH shall award grants and contracts to public or nonprofit private entities to fund all or part of the cost of planning, establishing, and providing basic operating support for a network of CCM Clinical Research Centers, including Coordinating and Participating centers regarding research on various forms of CCM. (B) Clinical and research coordinating centers (i) In general The Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of 2 geographically distributed national clinical and research coordinating centers with unique clinical expertise and the potential for coordinating multisite clinical drug trials with respect to CCM. (ii) Duties The coordinating centers identified under clause (i) shall provide a model for the participation centers described in paragraph (3), facilitate medical research to develop a cure for CCM, and enhance the medical care of individuals with CCM nationwide, including by— (I) maintaining an institutional infrastructure capable of hosting clinical trials and facilitating translational research projects and collaborations for clinical trials; (II) implementing the programs dedicated to patient education, patient outreach, and awareness developed by the Cerebral Cavernous Malformations Consortium under subsection (c)(3)(B); (III) developing the capacity to establish and maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities; (IV) demonstrating clinical expertise in the management of CCM and appointing a director and support staff, including a trainee and patient representative, for CCM research programming; (V) treating a sufficient number of eligible patients for participation with particular focus on unique subpopulations, such as patients with the common Hispanic mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, or CCM3 gene mutation carriers; and (VI) maintaining a telehealth infrastructure to support and provide clinical consultation for remote and underserved communities. (3) Participation centers (A) In general The Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of approximately 6 to 10 clinical and research participation centers to facilitate medical research to develop a cure for CCM and enhance the medical care of individuals with CCM, in partnership with the coordinating centers under paragraph (2) and other national and international entities, as appropriate. (B) Eligibility To qualify for selection as a participation center under subparagraph (A), an entity shall— (i) at the time of selection— (I) be affiliated with an established research network of the National Institutes of Health; and (II) have the potential to participate in a multisite clinical drug trial with respect to CCM; (ii) demonstrate— (I) an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (II) the capacity to maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities, especially through health information technology; and (III) clinical expertise in CCM management or complete the CCM clinical training program under subsection (c)(4); and (iii) have a sufficient number of eligible patients with CCM. (C) Duration of support The Director of NIH may provide support for participation centers under this section for a period not to exceed 5 years. The Director of NIH may extend the period of support for a center for one or more additional periods, not to exceed an additional 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended. (c) Cerebral cavernous malformations consortium (1) In general The Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to convene a Cerebral Cavernous Malformations Research Consortium (referred to in this section as the consortium ). (2) Membership The consortium— (A) shall include representatives of— (i) the institutions that are part of the U01 Trial Readiness Project of the National Institutes of Health, or that are part of other nationally recognized clinical Centers of Excellence; and (ii) at least 1 national CCM patient advocacy organization, which may be an entity that receives a grant or contract under subsection (b)(2)(A); and (B) may include representatives of the National Institutes of Health or the Food and Drug Administration, in an advisory or ex officio role. (3) Responsibilities Through a consensus-based decision-making model, the consortium shall divide assignments and be responsible for— (A) developing and implementing training programs for clinicians and scientists in accordance with paragraph (4); (B) developing patient education, outreach, and awareness programs and materials, which may be tailored for specific regional or local needs including— (i) a regional multimedia public awareness campaign; (ii) patient education materials for distribution by regional physician and surgeon offices; (iii) an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of CCM in areas in which there is a high density of cases of CCM; (iv) regular regional patient and family-oriented educational conferences; and (v) nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; and (C) preparing a biannual report to Congress, in accordance with paragraph (5). (4) Training program for clinicians and scientists (A) In general The consortium shall establish or expand a physician training program, including information and education on advances in the diagnosis and treatment of CCM, and training and continuing education through programs for scientists, physicians, medical students, and other health professionals and care coordinators who provide care for patients with CCM, telehealth, and research relevant to CCM, for the purpose of supporting the development of new centers through educational programming to gain the expertise needed to become clinical and research centers with the potential to participate in clinical drug trials. (B) Stipends The Director of NIH may provide stipends for health professionals who are enrolled in the training programs described in subparagraph (A). (C) Eligibility To be eligible to participate in the training program, an individual shall be affiliated with an entity that is in an existing clinical research network of the National Institutes of Health. (5) Report to Congress The consortium shall biennially 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 that describes the research, education, and other activities on CCM conducted or supported through the Department of Health and Human Services. Each such report shall include— (A) a research plan; (B) provisions specifying the amounts expended by the Department of Health and Human Services with respect to various forms of CCM, including those affected by the common Hispanic Mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutations, and other familial and sporadic forms of cerebral cavernous malformation and patients who identify as Black or African American; and (C) recommendations for particular projects or types of projects that the national research institutes or other entities in the field of research should conduct on inherited or non-inherited forms of CCM. (d) Prioritize CCM funding for biotech The Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, shall prioritize the provision of grant funding for small biotechnology entities that are working to develop treatments for CCM. . 4. Centers for disease control and prevention cerebral cavernous malformations surveillance and research programs Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317U the following: 317V. Cerebral cavernous malformations surveillance and research programs (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants in such sums as may be necessary and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities) for the collection, analysis, and reporting of data on cerebral cavernous malformations (referred to in this section as CCM ). (b) National cerebral cavernous malformations epidemiology program The Secretary shall award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for— (1) the collection, analysis, and reporting of data on CCM; and (2) epidemiological activities, including encouraging consistency in ICD–10 coding, adoption of ICD–11 coding, collecting, and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. (c) National surveillance program The Secretary shall— (1) provide for a national surveillance program for the purpose of carrying out epidemiological activities regarding CCM, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases of CCM and the clinical utility (including costs and benefits) of specific practice patterns; and (2) wherever possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. (d) Technical assistance In making awards under this section, the Secretary may provide direct technical assistance, including personnel support. (e) Coordination with clinical centers The Secretary shall ensure that epidemiological information is made available to clinical centers as supported by the Director of the National Institutes of Health under section 409K. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. . 5. Food and Drug Administration cerebral cavernous malformations clinical trial preparedness and support program (a) Biomarker qualification program The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of appropriate surrogate biomarkers for diagnosis and measuring pathology and treatment efficacy in an effort to expedite clinical trials for cerebral cavernous malformation. (b) Clinical outcome assessment qualification The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of newly developed patient reported outcome measures for quality of life as a clinical outcome in an effort to hasten the pace of clinical trials for cerebral cavernous malformation. (c) Investigational new drug application The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) in an effort to hasten the pace of clinical trials for cerebral cavernous malformation. (d) Adaptive trial design and expedited review pathways The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support appropriate adaptive trial designs for rare disease research and expedited peer review mechanisms for including orphan drug designation, fast track, breakthrough therapy designation, and priority review or accelerated review, where appropriate, in an effort to hasten the pace of clinical trials for cerebral cavernous malformation. | https://www.govinfo.gov/content/pkg/BILLS-117s3390is/xml/BILLS-117s3390is.xml |
117-s-3391 | II 117th CONGRESS 1st Session S. 3391 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes.
1. Short title This Act may be cited as the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021 . 2. Registration exemption for merger and acquisition brokers (a) In general Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) ) is amended by adding at the end the following: (13) Registration exemption for merger and acquisition brokers (A) Definitions In this paragraph: (i) Business combination related shell company The term business combination related shell company means a shell company that is formed by an entity that is not a shell company solely for the purpose of— (I) changing the corporate domicile of that entity solely within the United States; or (II) completing a business combination transaction (as defined in section 230.165(f) of title 17, Code of Federal Regulations, or any successor regulation) among not less than 1 entity other than the company itself, none of which is a shell company. (ii) Control (I) In general The term control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. (II) Presumption For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers— (aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or (bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. (iii) Eligible privately held company The term eligible privately held company means a privately held company that meets both of the following conditions: (I) The company does not have any class of securities— (aa) registered, or required to be registered, with the Commission under section 12; or (bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). (II) (aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): (AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (BB) The gross revenues of the company are less than $250,000,000. (bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. (iv) M&A broker The term M&A broker means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that— (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert— (aa) will control the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (bb) directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company, including without limitation, by— (AA) electing executive officers; (BB) approving the annual budget; (CC) serving as an executive or other executive manager; or (DD) carrying out such other activities as the Commission may, by rule, determine to be in the public interest; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, that person will, before becoming legally bound to consummate the transaction, receive or have reasonable access to— (aa) the most recent fiscal year-end financial statements of the issuer of the securities, as customarily prepared by the management of the issuer in the normal course of operations; and (bb) if the financial statements of the issuer are audited, reviewed, or compiled— (AA) any related statement by the independent accountant; (BB) a balance sheet dated not more than 120 days before the date of the offer; and (CC) information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements and material loss contingencies of the issuer. (v) Shell company The term shell company means a company that, as of the date of a transaction with an eligible privately held company— (I) has no or nominal operations; and (II) has— (aa) no or nominal assets; (bb) assets consisting solely of cash and cash equivalents; or (cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. (B) Exemption Except as provided in subparagraph (C), an M&A broker shall be exempt from registration under this section. (C) Excluded activities An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engages on behalf of an issuer in a public offering of any class of securities— (I) that is registered, or is required to be registered, with the Commission under section 12; or (II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). (iii) Engages on behalf of any party in a transaction involving a shell company, other than a business combination related shell company. (iv) Directly, or indirectly through any of its affiliates, provides financing relating to the transfer of ownership of an eligible privately held company. (v) Assists any party to obtain financing from an unaffiliated third party without— (I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and (II) disclosing any compensation in writing to the party. (vi) Represents both the buyer and the seller in the same transaction without— (I) providing clear written disclosure with respect to the parties the broker represents; and (II) obtaining written consent from both parties to the joint representation. (vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. (viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. (ix) Binds a party to a transfer of ownership of an eligible privately held company. (D) Disqualification An M&A broker is not exempt from registration under this paragraph if the M&A broker (and, as applicable, any officer, director, member, manager, partner, or employee of the M&A broker)— (i) has been barred from association with a broker or dealer by the Commission, any State, or any self-regulatory organization; or (ii) is suspended from association with a broker or dealer. (E) Rule of construction Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. (F) Inflation adjustment (i) In general On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by— (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3391is/xml/BILLS-117s3391is.xml |
117-s-3392 | II 117th CONGRESS 1st Session S. 3392 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require an interagency strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria.
1. Interagency strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria (a) Sense of Congress It is the sense of Congress that— (1) the Captagon trade linked to the regime of Bashar al-Assad in Syria is a transnational security threat; and (2) the United States should develop and implement an interagency strategy to deny, degrade, and dismantle Assad-linked narcotics production and trafficking networks. (b) Report and strategy required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Administrator of the Drug Enforcement Administration, the Director of National Intelligence, and the heads of other appropriate Federal agencies shall provide a written strategy to the appropriate congressional committees to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria. The strategy shall include the following elements: (1) A strategy to target, disrupt, and degrade networks that directly and indirectly support the narcotics infrastructure of the Assad regime, particularly through diplomatic and intelligence support to law enforcement investigations and to build counter-narcotics capacity to partner countries through assistance and training to law enforcement services in countries, other than Syria, that are receiving or transiting large quantities of Captagon. (2) The use of statutory authorities, including the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note), the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ), the International Narcotics Control Strategy Report under section 489 of the Foreign Assistance Act ( 22 U.S.C. 2291a ), and associated actions to target individuals and entities directly or indirectly associated with the narcotics infrastructure of the Assad regime. (3) The use global diplomatic engagements associated with the economic pressure campaign against the Assad regime to target its narcotics infrastructure. (4) Leveraging multilateral institutions and cooperation with international partners to disrupt the narcotics infrastructure of the Assad regime. (5) Mobilizing a public communications campaign to increase awareness of the extent of the connection of the Assad regime to illicit narcotics trade. (6) A description of the countries receiving or transiting large shipments of Captagon and an assessment of the counter-narcotics capacity of those countries to interdict or disrupt the smuggling of Captagon, including an assessment of current United States assistance and training programs to build such capacity in those countries. (c) Form of report The report required under subsection (b) shall be submitted in an unclassified form, but may contain a classified annex. (d) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3392is/xml/BILLS-117s3392is.xml |
117-s-3393 | II 117th CONGRESS 1st Session S. 3393 IN THE SENATE OF THE UNITED STATES December 14, 2021 Mr. Brown (for himself, Ms. Stabenow , Mr. Casey , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently extend the Health Coverage Tax Credit.
1. Permanent extension of Health Coverage Tax Credit (a) In general Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2022 . (b) Effective date The amendment made by this section shall apply to coverage months beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3393is/xml/BILLS-117s3393is.xml |
117-s-3394 | II 117th CONGRESS 1st Session S. 3394 IN THE SENATE OF THE UNITED STATES December 14, 2021 Ms. Hassan (for herself, Mr. Braun , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to emergency use authorization transparency.
1. Short title This Act may be cited as the Emergency Use Transparency Act . 2. Increasing EUA transparency Section 564(h)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(h)(1) ) is amended— (1) by inserting on the internet website of the Food and Drug Administration and after promptly publish ; and (2) by striking application under section 505(i) 512(j), or 520(g), even if such summary may indirectly reveal the existence of such application and inserting application, request, or submission under this section or section 505(b), 505(i), 505(j), 512(b), 512(j), 512(n), 515, 510(k), 513(f)(2), 520m(g), 520(m), 571, or 572 of this Act, or section 351(a) or 351(k) of the Public Health Service Act, even if such summary may reveal the existence of such an application, request, or submission, or data contained in such application, request, or submission . | https://www.govinfo.gov/content/pkg/BILLS-117s3394is/xml/BILLS-117s3394is.xml |
117-s-3395 | II 117th CONGRESS 1st Session S. 3395 IN THE SENATE OF THE UNITED STATES December 14, 2021 Ms. Baldwin (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to records and other information inspections.
1. Short title This Act may be cited as the Medical Device Integrity Act . 2. Records and other information inspection (a) In general Section 704(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(a)(4)(A) ) is amended— (1) in the first sentence, by inserting or device after processing of a drug ; and (2) in the second sentence, by striking shall include and all that follows through the period at the end and inserting the following: “shall include— (A) a sufficient description of the records requested; and (B) a rationale for requesting such information in advance of, or in lieu of, an inspection. . (b) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance describing the circumstances in which the Secretary intends to issue requests for records or other information in advance of, or in lieu of, an inspection, processes for responding to such requests electronically or in physical form, and factors the Secretary intends to consider in evaluating whether such records are provided within a reasonable timeframe, within reasonable limits, and in a reasonable manner, accounting for resource and other limitations that may exist, including for small businesses. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. | https://www.govinfo.gov/content/pkg/BILLS-117s3395is/xml/BILLS-117s3395is.xml |
117-s-3396 | II 117th CONGRESS 1st Session S. 3396 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Rounds (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve the position of the Principal Cyber Advisor, and for other purposes.
1. Short title This Act may be cited as the Department of Defense Principal Cyber Advisor Empowerment Act of 2021 . 2. Modification of position of Principal Cyber Advisor (a) Designation of Principal Cyber Advisor Paragraph (1) of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended to read as follows: (1) Designation (A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. (B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate. . (b) Designation of Deputy Principal Cyber Advisor Section 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by striking Secretary of Defense and inserting Under Secretary of Defense for Policy . (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Secretary of Defense. | https://www.govinfo.gov/content/pkg/BILLS-117s3396is/xml/BILLS-117s3396is.xml |
117-s-3397 | II 117th CONGRESS 1st Session S. 3397 IN THE SENATE OF THE UNITED STATES December 15, 2021 Ms. Rosen (for herself and Mr. Cramer ) 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 establish the Zero Suicide Initiative pilot program of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Zero Suicide Demonstration Project Act of 2021 . 2. Zero Suicide Initiative pilot program (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program called the Zero Suicide Initiative (referred to in this section as the program ). (b) Curriculum The program shall implement the curriculum of the Zero Suicide Institute of the Education Development Center (referred to in this section as the Institute ) to improve safety and suicide care for veterans, thereby significantly reducing rates of suicide. (c) Development (1) In general The first year of the program shall be dedicated to program development, including planning and site selection. (2) Consultation In developing the program, the Secretary shall consult with— (A) the Secretary of Health and Human Services; (B) the National Institutes of Health; (C) public and private institutions of higher education; (D) educators; (E) experts in suicide assessment, treatment, and management; (F) veterans service organizations; and (G) professional associations the Secretary of Veterans Affairs determines relevant to the purposes of the program. (d) Staff leaders; program elements The program shall consist of not less than ten weeks of education regarding suicide care, beginning with the selection of five to ten staff leaders from each site selected under subsection (e) who shall carry out the following program elements: (1) Complete the organizational self-study of the Institute as a team. (2) Attend the two-day Zero Suicide Academy of the Institute. (3) Formulate a plan to collect data to support evaluation and quality improvement using the data elements worksheet of the Institute. (4) Communicate to staff at the respective site the adoption of a specific suicide care approach. (5) Administer the workforce survey of the Institute to all staff at the respective site to learn more about perceived comfort with and competence in caring for patients at risk of suicide. (6) Review, develop, and implement training on processes and policies regarding patients at risk of suicide, including— (A) screening; (B) assessment; (C) use of electronic health records; (D) risk formulation; (E) treatment; and (F) care transition. (e) Sites (1) Number The Secretary shall carry out the program at five medical centers of the Department of Veterans Affairs, one of which primarily serves veterans who live in rural and remote areas as determined by the Secretary. (2) Timeline The Secretary shall select— (A) 15 candidate sites for the program not later than 180 days after the date of the enactment of this Act; and (B) the final five sites not later than 270 days after the date of the enactment of this Act. (3) Consultation In selecting sites at which to carry out the program, the Secretary shall consult with experts including officials of— (A) the National Institute of Mental Health; (B) the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs; (D) the Health Services Research Division of the Department of Veterans Affairs; (E) the Office of Health Care Transformation of the Department of Veterans Affairs; and (F) the Zero Suicide Institute. (4) Factors In selecting sites for the program, the Secretary shall consider the following factors: (A) Interest in, and capacity of, the staff of the medical centers to implement the program. (B) Geographic variation. (C) Variations in size of medical centers. (D) Regional suicide rates of veterans. (E) Demographic and health characteristics of populations served by each medical center. (f) Annual progress report (1) In general Not later than two years after the date on which the Secretary establishes the program, and annually thereafter until termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the program. (2) Elements Each report under paragraph (1) shall include the following: (A) Progress of staff leaders at each site in carrying out tasks under paragraphs (1) through (5) of subsection (d). (B) The percentage of staff at each site trained under paragraph (6) of subsection (d). (C) An assessment of whether policies and procedures implemented at each site align with standards of the Institute with regards to— (i) suicide screening; (ii) lethal means counseling; (iii) referrals for comprehensive assessment of suicidality; (iv) safety planning for patients receiving referrals under clause (iii); (v) risk management during care transitions; and (vi) outreach to high-risk patients. (D) A comparison of the suicide-related outcomes at program sites and those of other medical centers of the Department of Veterans Affairs, including— (i) the percentage of patients screened for suicide risk; (ii) the percentage of patients counseled in lethal means safety; (iii) the percentage of patients screened for suicide risk referred for comprehensive assessment of suicidality; (iv) the percentage of patients referred for comprehensive assessment who complete safety planning; (v) emergency department utilization; (vi) inpatient psychiatric hospitalizations; (vii) the number of suicide attempts among all patients and among patients referred for comprehensive assessment of suicidality; and (viii) the number of suicide deaths among all patients and among patients referred for comprehensive assessment of suicidality. (g) Final report (1) In general Not later than one year after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report. (2) Elements The report under paragraph (1) shall include the following: (A) A detailed analysis of information in the annual reports under subsection (f). (B) An evaluation of the effectiveness and outcomes of the program, including an evaluation of all data collected during the program. (C) The determination of the Secretary whether it is feasible to continue the program. (D) The recommendations of the Secretary whether to expand the program to additional sites, extend the program, or make the program permanent. (h) Termination; extension (1) In general Subject to paragraph (2), the program shall terminate on the date that is five years after the date on which the Secretary establishes the program under subsection (a). (2) Authority to extend The Secretary may extend the program for not more than two years if the Secretary notifies Congress in writing of such extension not less than 180 days before the termination date under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3397is/xml/BILLS-117s3397is.xml |
117-s-3398 | II 117th CONGRESS 1st Session S. 3398 IN THE SENATE OF THE UNITED STATES December 15, 2021 Ms. Collins (for herself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Student Support and Academic Enrichment Grant program to promote career awareness in accounting as part of a well-rounded STEM educational experience.
1. Short title This Act may be cited as the STEM Education in Accounting Act . 2. Findings The Congress finds as follows: (1) The accounting profession is working to ensure that it meets the needs of the public, businesses, governments, and not-for-profit organizations in a technology-driven marketplace. (2) Promoting diversity, equity, and inclusion within the accounting profession fosters a field that is reflective of the local, regional, and global communities it serves, and is better positioned to innovate around the complex issues facing organizations of all kinds and the evolving public interest. (3) Early exposure to the accounting profession through family, friends, and other community interactions, or relevant elementary and secondary course offerings, increases opportunity for students to recognize the limitless possibilities of a career in accounting, and therefore inspires that professional trajectory. (4) This Act seeks to build on existing financial literacy initiatives by establishing the significance of early course offerings in accounting education as drivers for improving career opportunity and diversity within this STEM profession. (5) There is a clear and logical integration between accounting and technology: as the profession continues to advance its use of technology to serve the public interest, accounting professionals, including CPAs, are technological leaders who manage and analyze big data, ensure data security, manage cybersecurity risk, and work alongside Information Technology professionals. 3. Accounting as part of a well-rounded educational experience Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 et seq. ) is amended— (1) in section 4104(b)(3)(A)(i), by— (A) striking or at the end of subclause (VI); (B) redesignating subclause (VII) as subclause (VIII); and (C) inserting after subclause (VI) the following new subclause: (VII) accounting education, including accounting career awareness; or ; and (2) in section 4107(a)(3), by— (A) striking or at the end of subparagraph (I); (B) redesignating subparagraph (J) as subparagraph (K); and (C) inserting after subparagraph (I) the following new subparagraph: (J) activities to promote the development, implementation, and strengthening of programs to teach accounting, including increasing access to high-quality accounting courses for students through grade 12 who are members of groups underrepresented in accounting careers; or . | https://www.govinfo.gov/content/pkg/BILLS-117s3398is/xml/BILLS-117s3398is.xml |
117-s-3399 | II 117th CONGRESS 1st Session S. 3399 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Rubio (for himself 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 amend the Federal Food, Drug, and Cosmetic Act to provide a process to lock and suspend domain names used to facilitate the online sale of drugs illegally, and for other purposes.
1. Short title This Act may be cited as the Domain Reform for Unlawful Drug Sellers Act or the DRUGS Act . 2. Domain names used to facilitate the online sale of drugs illegally (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Domain names used to facilitate the online sale of drugs illegally (a) In general A registry operator or registrar shall— (1) not later than 24 hours after receipt of a notification from a trusted notifier respecting a domain name that is used to facilitate the online sale of drugs illegally and that is under the control of the registry operator or registrar, lock the domain name; and (2) not later than 7 days after receipt of such notification, suspend the domain name. (b) Notice Subsection (a) shall apply in the case of a notification by a trusted notifier that includes, at a minimum— (1) the domain name being reported to the appropriate registry operator or registrar; (2) the date of observation that the domain name was used to facilitate the online sale of drugs illegally; (3) a summary of the alleged activities that constitute a domain name being used to facilitate the online sale of drugs illegally; and (4) a statement that evidence of offering drugs illegally, such as a screenshot, has been retained, and is available to be shared with the registry operator or registrar. (c) Registrant Appeal (1) In general Any registrant whose domain name is locked and suspended pursuant to subsection (a) may appeal such action to the trusted notifier pursuant to paragraph (2). The domain name shall remain locked and suspended until a final determination of the merits of the appeal has been made. (2) Appeals (A) In general In bringing such an appeal, the registrant for the locked and suspended domain name may do any of the following: (i) Contact the applicable registry operator or registrar to request information regarding the business name, or personal name if the trusted notifier is not a business, and the email address, of the trusted notifier who submitted the notification regarding the domain name. (ii) Dispute the notification by submitting the following to the applicable trusted notifier: (I) A copy of the registrant’s pharmacy licenses for all jurisdictions where it offered to ship prescription medicines at the time of the notification where such licensure is legally required in such jurisdiction, or a copy of registrant’s affiliated pharmacy’s licenses for all jurisdictions where the registrant offered to facilitate the shipment of prescription medicines at the time of the notification where such licensure is legally required in such jurisdiction. (II) The license information of the medical practitioner involved in issuing the prescription facilitated in part by the registrant’s domain name where practitioner licensure is legally required in such jurisdiction. (B) Provision of information Within 15 days after receiving a request under subparagraph (A)(i), a registry operator or registrar shall provide the requested information. (C) Investigation The applicable trusted notifier shall— (i) conduct a reasonable investigation regarding the registrant and its domain name to determine whether notification under subsection (a) was improper; and (ii) in conducting such investigation, consider the information provided by the registrant under subparagraph (A). (D) Successful appeal If the appeal is successful, the registry operator or registrar shall lift the suspension and unlock the domain name within 15 days. (d) Rule of construction Nothing in this section prohibits a registry operator or registrar from locking and suspending a domain name used to facilitate the online sale of drugs illegally before receipt of a notification under this section from a trusted notifier. (e) Definitions In this section: (1) Domain name The term domain name means a name that— (A) identifies a specific location on the internet that belongs to a particular person; and (B) consists of 2 or more textual segments separated by dots. (2) Domain name used to facilitate the online sale of drugs illegally The term domain name used to facilitate the online sale of drugs illegally means a domain name that identifies a location on the internet, a primary or significant purpose of which is to introduce or deliver for introduction into interstate commerce a drug or controlled substance in violation of this Act or the Controlled Substances Act. (3) Lock The term lock means, with respect to a domain name, for the registry operator or registrar to systematically prevent the domain name from being updated, transferred, or deleted during the balance of the registration of the domain name, which may be achieved using domain name registration protocols. (4) Prescription drug The term prescription drug means a drug subject to section 503(b)(1). (5) Registrar The term registrar means an organization that— (A) manages the registration of domain names; and (B) during the registration process— (i) verifies that the requested domain name meets registry requirements; and (ii) submits the name to the appropriate registry operator. (6) Registry The term registry means an authoritative master database of the domain names registered in a top-level domain. (7) Registry operator The term registry operator means an organization that maintains a registry, including by— (A) receiving requests from registrars to add, delete, or modify domain names; and (B) making the requested changes in the registry. (8) Suspend The term suspend means, with respect to a domain name, for the registry operator or registrar to systematically disable the functionality of the domain name through a hold or suspension during the balance of the registration of the domain name, which may be achieved using domain name registration protocols. (9) Trusted notifier The term trusted notifier includes the following (and the designees and agents thereof): (A) The Food and Drug Administration. (B) The Department of Justice, including the Drug Enforcement Administration. (C) The Department of Homeland Security. (D) A State attorney general. (E) A State board of pharmacy. (F) A nonprofit organization with a membership or governance comprised exclusively of representatives of— (i) agencies or officials specified in any of subparagraphs (A) through (E); or (ii) similarly positioned (as determined by the Commissioner of Food and Drugs) agencies or officials. (G) Any entity currently under contract or in a public-private partnership with the Food and Drug Administration or the Drug Enforcement Agency to share information related to online drug sales. (H) Any other entity identified by the Food and Drug Administration as a trusted notifier for purposes of this section, taking into consideration, at minimum, whether the entity— (i) is registered to do business in the United States; (ii) agrees to share notification data, upon request, with the Food and Drug Administration and the Drug Enforcement Agency; (iii) does not knowingly or with willful ignorance approve or do business with entities that fail to adhere to the regulations of the Food and Drug Administration or the Drug Enforcement Agency; and (iv) has published on the website of such entity policies and procedures for how the entity will issue notifications under subsection (a). . (b) Prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) The failure by a registry operator or registrar to lock and suspend any domain name in its control in violation of section 524B. . (c) Applicability Sections 301(fff) and 524B of the Federal Food, Drug, and Cosmetic Act, as added by this section, shall apply beginning on the date that is 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3399is/xml/BILLS-117s3399is.xml |
117-s-3400 | II 117th CONGRESS 1st Session S. 3400 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Marshall (for himself, Mr. Moran , Mr. Lankford , Mr. Daines , Mr. Cruz , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the Administrator of the Environmental Protection Agency from imposing a fee or reporting requirements on certain facilities for methane emissions.
1. Short title This Act may be cited as the Marginal Well Protection Act . 2. Methane fee and reporting requirements for petroleum and natural gas systems Notwithstanding any other provision of law, the owner or operator of a facility that produces fewer than 15 barrels of oil per day and less than 90,000 cubic feet of natural gas per day shall not, with respect to that facility, be subject to any fee or reporting requirements imposed by the Administrator of the Environmental Protection Agency in connection with reporting methane emissions pursuant to subpart W of part 98 of title 40, Code of Federal Regulations (or successor regulations). | https://www.govinfo.gov/content/pkg/BILLS-117s3400is/xml/BILLS-117s3400is.xml |
117-s-3401 | II 117th CONGRESS 1st Session S. 3401 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Cotton (for himself 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 require the Secretary of Health and Human Services to maintain a list of the country of origin of all drugs marketed in the United States, to ban the use of Federal funds for the purchase of drugs manufactured in the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Anyone But China Safe Drug Act or the ABC Safe Drug Act . 2. Country of origin of drugs (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Registry of drugs produced outside the US (a) In general The Secretary shall compile and maintain a list of all drugs approved under subsection (c) or (j) of section 505 of this Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act, and any active ingredients in such drugs, that— (1) are manufactured outside of the United States; and (2) are determined by the Secretary to be critical to the health and safety of consumers in the United States. (b) Additional list In conjunction with the list described in subsection (a), the Secretary shall compile and maintain a list of drugs included on such list that are exclusively produced in, or use active or inactive ingredients produced in, the People's Republic of China. (c) Requirement The list described in subsection (a) shall, with respect to each drug included on the list, provide information about the supply chain of the drug, including each step in the supply chain that occurs prior to importation of the drug into the United States. . (b) Federal health program purchase of drugs (1) In general Notwithstanding any other provision of law, with respect to the purchase of a drug by the Department of Health and Human Services, the Department of Veterans Affairs, the Department of Defense, or any other Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(b))), the following shall apply: (A) Beginning on January 1, 2024, such agency or program may purchase only drugs for which 60 percent or more of the active pharmaceutical ingredients are manufactured in countries described in paragraph (2). (B) Beginning on January 1, 2026, such agency or program may purchase only drugs for which 100 percent of the active pharmaceutical ingredients are manufactured in countries described in paragraph (2). (2) Countries described The countries described in this paragraph are countries— (A) other than People’s Republic of China; and (B) that meet the health and safety standards of the Food and Drug Administration. (3) Waivers The Secretary of Health and Human Services may issue waivers of the requirements under paragraph (1) for any agency or program that is unable to meet such requirements and demonstrates a need for the waiver. No waiver may be issued under this paragraph for drugs that are purchased on or after January 1, 2027. (c) Labeling requirement Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (gg) If it is a drug and its labeling does not specify the country of origin of each active ingredient contained in the drug. . | https://www.govinfo.gov/content/pkg/BILLS-117s3401is/xml/BILLS-117s3401is.xml |
117-s-3402 | II 117th CONGRESS 1st Session S. 3402 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , Mr. Risch , Mr. Marshall , Mr. Cassidy , Mr. Crapo , Ms. Lummis , Mr. Barrasso , Mr. Scott of South Carolina , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, and the Federal Lands Recreation Enhancement Act to prohibit medical discrimination relating to applications for commercial use authorizations and special recreation permits, and to clarify the status of the holders of commercial use authorizations and special recreation permits, and for other purposes.
1. Short title This Act may be cited as the Protecting Guides and Outfitters from Coronavirus Vaccine Mandates in the Great Outdoors Act . 2. National Park Service commercial use authorizations Section 101925(b) of title 54, United States Code, is amended by adding at the end the following: (3) Prohibition of medical discrimination The Secretary shall not deny an application for a commercial use authorization under this section for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (4) Status of holder of commercial use authorization A holder of a commercial use authorization issued under this section shall not be considered to be an employee, contractor, or subcontractor of the Federal Government. . 3. Federal land management agency permitting Section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) is amended— (1) by striking The Secretary may and inserting the following: (1) In general The Secretary may ; and (2) by adding at the end the following: (2) Prohibition of medical discrimination The Secretary shall not deny an application for a special recreation permit under paragraph (1) for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (3) Status of holder of special recreation permit A holder of a special recreation permit issued under paragraph (1) shall not be considered to be an employee, contractor, or subcontractor of the Federal Government. . | https://www.govinfo.gov/content/pkg/BILLS-117s3402is/xml/BILLS-117s3402is.xml |
117-s-3403 | II 117th CONGRESS 1st Session S. 3403 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Rubio (for himself, Mr. Daines , Mr. Tillis , Mr. Kennedy , Mr. Scott of Florida , 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 prohibit the disbursement of Federal funds to State and local governments that allow individuals who are not citizens of the United States to vote in any Federal, State, or local election.
1. Short title This Act may be cited as the Protecting Our Democracy by Preventing Foreign Citizens from Voting Act . 2. Federal payment restriction (a) In general Notwithstanding any other provision of law, no Federal funds may be made available to any State or local government if such State or local government allows individuals who are not citizens of the United States to vote in any Federal, State, or local election. (b) Certification Upon application, approval, and receipt of any Federal funds, a State or local government shall certify that the State or local government does not permit individuals who are not citizens of the United States to vote in any Federal, State, or local election. (c) Applicability The requirements of this section shall only apply with respect to any contract entered into or grant made on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3403is/xml/BILLS-117s3403is.xml |
117-s-3404 | II 117th CONGRESS 1st Session S. 3404 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide the consent of Congress to an amendment to the Constitution of the State of New Mexico.
1. Consent of congress to amendment to the Constitution of the State of New Mexico Congress consents to the amendment to the Constitution of the State of New Mexico proposed by House Joint Resolution 1 of the 55th Legislature of the State of New Mexico, First Session, 2021, entitled A Joint Resolution Proposing an Amendment to Article 12, Section 7 of the Constitution of New Mexico to Provide for Additional Annual Distributions of the Permanent School Fund for Enhanced Instruction for Students at Risk of Failure, Extending the School Year, Teacher Compensation and Early Childhood Education; Requiring Congressional Approval for Distributions for Early Childhood Education . | https://www.govinfo.gov/content/pkg/BILLS-117s3404is/xml/BILLS-117s3404is.xml |
117-s-3405 | II 117th CONGRESS 1st Session S. 3405 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Blunt (for himself and Mr. Wyden ) 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 issue a rule providing that certain low power television stations may be accorded primary status as Class A television licensees, and for other purposes.
1. Short title This Act may be cited as the Low Power Protection Act . 2. Low power TV stations (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term Designated Market Area means— (A) a Designated Market Area determined by Nielsen Media Research or any successor entity; or (B) a Designated Market Area under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research; and (3) the term low power TV station has the meaning given the term digital low power TV station in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation. (b) Purpose The purpose of this section is to provide low power TV stations with a limited window of opportunity to apply for the opportunity to be accorded primary status as Class A television licensees. (c) Rulemaking (1) In general Not later than 90 days after the date of enactment of this Act, the Commission shall issue a notice of proposed rulemaking to issue a rule that contains the requirements described in this subsection. (2) Requirements (A) In general The rule with respect to which the Commission is required to issue notice under paragraph (1) shall provide that, during the 1-year period beginning on the date on which that rule takes effect, a low power TV station may apply to the Commission to be accorded primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or any successor regulation. (B) Considerations The Commission may approve an application submitted under subparagraph (A) if the low power TV station submitting the application— (i) satisfies— (I) section 336(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 336(f)(2) ) and the rules issued under that section, including the requirements under such section 336(f)(2) with respect to locally produced programming, except that, for the purposes of this subclause, the period described in the matter preceding subclause (I) of subparagraph (A)(i) of such section 336(f)(2) shall be construed to be the 90-day period preceding the date of enactment of this Act; and (II) paragraphs (b), (c), and (d) of 73.6001 of title 47, Code of Federal Regulations, or any successor regulation; (ii) demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in section 336(f)(7) of the Communications Act of 1934 ( 47 U.S.C. 336(f)(7) ); and (iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 95,000 television households. (3) Applicability of license A license that accords primary status as a Class A television licensee to a low power TV station as a result of the rule with respect to which the Commission is required to issue notice under paragraph (1) shall— (A) be subject to the same license terms and renewal standards as a license for a full power television broadcast station, except as otherwise expressly provided in this subsection; and (B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license. (d) Reporting Not later than 1 year after the date of enactment of this Act, the Commission 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 regarding the implementation of this section, which shall include— (1) a list of the current, as of the date on which the report is submitted, licensees that have been accorded primary status as Class A television licensees; and (2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status described in that paragraph because of the implementation of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3405is/xml/BILLS-117s3405is.xml |
117-s-3406 | II 117th CONGRESS 1st Session S. 3406 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Blumenthal (for himself, Mr. Cruz , Mr. Leahy , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes.
1. Short title This Act may be cited as the Visa Transparency Anti-Trafficking Act of 2021 . 2. Definitions In this Act: (1) Bona fide research purposes The term bona fide research purposes — (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include— (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (2) Employment The term employment — (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant’s country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), except— (i) personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; (ii) personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; (iii) nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including— (I) services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). (3) Law enforcement The term law enforcement includes— (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 ( 34 U.S.C. 20709 )); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act ( 15 U.S.C. 15g(1) )). (4) Nonimmigrant visa classification, status, or subclassification The term nonimmigrant visa classification, status, or subclassification means any program, level, category, subcategory, or other type of grouping that— (A) is part of a nonimmigrant visa classification or status— (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) and 1184(e)); or (ii) otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); and (B) may be specifically created, delineated, or defined in— (i) any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or (ii) any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. (5) Service providers to human trafficking victims The term service providers to human trafficking victims means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under— (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(A) , 7105(f), and 7109a); or (B) section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702 and 20703). (6) Temporary foreign nonimmigrant worker The term temporary foreign nonimmigrant worker means— (A) a nonimmigrant— (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); (ii) who has petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or (iii) for whom such a visa has been petitioned, requested, or applied; and (B) any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. (7) Third party intermediary The term third party intermediary — (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. (8) Worker protection organization The term worker protection organization means any nonprofit, nongovernmental organization that— (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers’ compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 3. Annual report to Congress on nonimmigrant visas Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended to read as follows: (8) Not later than 6 months after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes, with respect to the reporting period— (A) the number of citizens of countries with a Compact of Free Association with the United States who— (i) are authorized by such Compact to reside indefinitely in the United States as nonimmigrants; and (ii) were admitted to the United States; (B) the ports of entry at which the individuals described in subparagraph (A) were admitted; and (C) with respect to each nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, as applicable (except for visas issued for the purpose of victim or witness protection), to the extent that the following data are collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such department— (i) the number of visas that were issued; (ii) the number of persons who were admitted into the United States; (iii) the number of persons who were otherwise granted legal status; (iv) the number of visas that expired, were revoked, or were otherwise terminated, respectively; (v) the number of temporary foreign nonimmigrant workers employed in each State; (vi) the 10 employers that hired the most temporary foreign nonimmigrant workers; (vii) the 10 occupations, listed by Standard Occupational Classification Code, in which the largest number of temporary foreign nonimmigrant workers are employed in the United States, and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation; (viii) the 10 most common nationalities of temporary foreign nonimmigrant workers; (ix) the 10 third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers; (x) the percentage of temporary foreign nonimmigrant workers at each major education level; (xi) the percentage of temporary foreign nonimmigrant workers who are younger than 20 years of age, between 20 and 24 years of age, between 25 and 29 years of age, between 30 and 34 years of age, between 35 and 39 years of age, between 40 and 44 years of age, between 45 and 49 years of age, between 50 and 54 years of age, between 55 and 59 years of age, between 60 and 64 years of age, or older than 65 years of age, respectively; (xii) the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas; and (xiii) the source of the data described in clauses (i) through (xii). . 4. Database (a) In general (1) Availability of information At the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection (b) (except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. (2) Sources; redundancies The database established pursuant to paragraph (1) shall— (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency— (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required information (1) Biographical information The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker— (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. (2) Visa information The information made available in the database established pursuant to subsection (a) shall include, for each visa requested by a temporary foreign nonimmigrant worker— (A) the visa classification or status that was requested, including— (i) any applicable subclassification, preference, or program associated with the visa classification or status; and (ii) if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; (B) whether the request is for a new visa or an extension of an existing visa or status; (C) the status of the visa, such as issued, expired, revoked, or terminated; (D) whether the visa was issued pursuant to a blanket petition; and (E) whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. (3) Employment information The information made available in the database established pursuant to subsection (a) shall include— (A) for each offer of employment in the United States— (i) the temporary foreign nonimmigrant worker’s occupation and the standard occupational classification code for the occupation, or any other occupational code listed; (ii) the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; (iii) the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; (iv) the address where the temporary foreign nonimmigrant worker will reside during his or her employment; (v) whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and (vi) whether the temporary foreign nonimmigrant worker’s position is a full-time position; and (B) for each accepted offer of employment in the United States— (i) the dates on which the temporary foreign nonimmigrant worker began and ended employment; and (ii) the date on which the temporary foreign nonimmigrant worker entered the United States. (4) Employer information The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers— (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H–1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(3)(A) )); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (5) Application information The information made available in the database established pursuant to subsection (a) shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker— (A) the date on which the application was filed; (B) the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; (C) whether the application was for the purpose of— (i) beginning new employment; (ii) continuing previously approved employment with the same employer without change; (iii) changing from previously approved employment; (iv) new concurrent employment; (v) changing of employer; (vi) amending a petition; (vii) requesting initial permission to accept employment; (viii) renewing permission to accept employment; or (ix) something not described in clauses (i) through (viii); (D) whether the application was a blanket petition; (E) the total number of temporary foreign nonimmigrant workers included in the application; (F) the application number; (G) whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post-completion optional practical training, or STEM optional practical training; (H) if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training— (i) the worker’s degree; and (ii) the name of the worker’s employer; and (I) the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. (6) Third party intermediary information The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. (c) Recipient entities (1) In general The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to— (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity— (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. (3) Privacy protection Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated— (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. (d) Rulemaking The Secretary of Homeland Security shall— (1) promulgate a rule that establishes— (A) procedures for requesting and accessing information contained in the database established pursuant to subsection (a), which access may not be limited to fewer than 5 years; and (B) security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and (2) promulgate regulations making the information described in subsection (a) available to the public in a searchable database format, except for— (A) any personally identifiable information, including— (i) worksite address, but shall include the State in which the worksite is located; and (ii) the names of any household employers; (B) any query that returns fewer than 10 workers; and (C) any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty. 5. Authority to modify forms The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. 6. Authority to immediately update fees Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act ) or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. 7. Information sharing The Secretary of State and the Secretary of Labor shall— (1) annually submit to the Secretary of Homeland Security, in a timely manner, any information collected or maintained by the Department of State or the Department of Labor that is required to be included in the annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3; and (2) provide any other related information to the Secretary of Homeland Security, upon request, that may be necessary to carry out the Secretary of Homeland Security’s responsibilities under this Act and the amendment made by section 3. 8. Exemption from Paperwork Reduction Act The requirements under chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), shall not apply to any action to implement this Act or the amendments made by this Act. 9. Progressive implementation (a) Initial report Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (b) Full report Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. 10. Continued reporting (a) In general Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (b) Savings provision None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace— (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment. | https://www.govinfo.gov/content/pkg/BILLS-117s3406is/xml/BILLS-117s3406is.xml |
117-s-3407 | II 117th CONGRESS 1st Session S. 3407 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Risch (for himself, Mr. Inhofe , Mr. Rubio , Mr. Toomey , Mr. Barrasso , Mr. Cornyn , Mr. Cotton , Mr. Hagerty , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote security partnership with Ukraine.
1. Short title; table of contents (a) Short title This Act may be cited as the Guaranteeing Ukrainian Autonomy by Reinforcing its Defense (GUARD) 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—A deterrence policy regarding Ukraine Sec. 101. Statement of policy. Sec. 102. Strategy on United States diplomatic support for Ukraine. Sec. 103. Special Envoy for Ukraine. Sec. 104. Potential designation of the Russian Federation as a state sponsor of terrorism. Sec. 105. Extension and modification of limitation on military cooperation between the United States and the Russian Federation. TITLE II—Bolstering Ukraine’s deterrence against Russian aggression Sec. 201. Appropriate congressional committees defined. Sec. 202. Amendment to presidential drawdown authority. Sec. 203. Foreign military financing. Sec. 204. Expedited excess defense articles transfer program. Sec. 205. Strategy on excess defense articles from allies. Sec. 206. Report on Ukrainian capabilities to counter air-based threats. Sec. 207. IMET cooperation with Ukraine. Sec. 208. Strategy on IMET programming in Ukraine. Sec. 209. Sense of Congress on loan program. Sec. 210. Strategy to protect Ukraine's defense industry from strategic competitors. Sec. 211. Authorization of appropriations. TITLE III—Securing Ukraine against Russia’s use of energy as a weapon Sec. 301. Imposition of sanctions with respect to Nord Stream 2. Sec. 302. Congressional review of waiver under protecting Europe’s Energy Security Act of 2019. Sec. 303. Application of congressional review under Countering America’s Adversaries Through Sanctions Act. Sec. 304. Inclusion of matter relating to Nord Stream 2 in report under Countering America’s Adversaries Through Sanctions Act. Sec. 305. Ukraine Security Assistance Initiative. Sec. 306. Appropriate congressional committees defined. I A deterrence policy regarding Ukraine 101. Statement of policy It is the policy of the United States to— (1) support the territorial integrity and sovereignty of Ukraine; (2) declassify or downgrade United States intelligence on Russian malign activities in Ukraine, Belarus, and the Baltic and Black Sea nations, kinetic or nonkinetic, to the maximum extent possible, to enable and encourage dissemination to United States allies and partners and to the American public; (3) provide critical capabilities, including surface-to-air missiles, air defense systems, anti-ship missiles, anti-tank mines, and others, to Ukraine on an expedited basis; (4) encourage near-term, in-person visits by United States and Ukraine leaders to each other’s countries; and (5) support the rapid deployment of additional observers from the Organization for Security and Cooperation in Europe to monitor the Ukraine-Russian border and report aggressive acts. 102. Strategy on United States diplomatic support for Ukraine (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report with a strategy on how the United States will work to diplomatically support Ukraine during fiscal years 2022 through 2026. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of how relevant departments and agencies of the United States Government will work together to collectively support efforts by the Government of Ukraine to deter Russian aggression in the form of military incursions, cyber attacks, the coercive use of energy resources, the disruption of lawful commerce and traffic to Ukrainian ports, use of passportization, efforts to corrupt the Ukrainian political and economic systems, and attempts to manipulate the public through disinformation campaigns. (2) A description of the United States current efforts and strategy to support Ukrainian diplomatic initiatives when they align with United States interests. (3) A strategy on how the United States will use its voice and vote at the United Nations, OSCE, Council of Europe, NATO, and other relevant international bodies to support Ukraine and its reform efforts. (4) A strategy on how the United States will assist Ukraine in bolstering its diplomatic, economic, energy, and maritime relationships with key Black Sea countries, including Bulgaria, Romania, Turkey, and Georgia. (5) A strategy on how the United States will engage with Germany, France, Ukraine, and Russia to advance the Normandy Format and Minsk Agreements. (6) An assessment of Ukraine’s recent progress on anti-corruption reforms and a strategy on how the United States will work with allies to continue to engage Ukraine to ensure meaningful progress on democratic, economic, and anti-corruption reforms. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. 103. Special Envoy for Ukraine (a) Establishment The President should appoint, by and with the consent of the Senate, a Special Envoy for Ukraine, who should report to the Assistant Secretary of State for Europe and Eurasia. (b) Rank The Special Envoy for Ukraine shall have the rank and status of ambassador. (c) Responsibilities The Special Envoy for Ukraine should— (1) serve as the United States liaison to the Normandy Format, tasked with leading the peace process between Ukraine and the Russian Federation; (2) facilitate diplomatic outreach to and dialogue with countries in the Black Sea region that, like Ukraine, are faced with the impact of Russia’s growing militarization of the Sea; (3) coordinate closely with the Chief of Mission in Ukraine; (4) coordinate with the OSCE Special Monitoring Mission to Ukraine; and (5) provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regular updates and briefings on the status of peace negotiations. (d) Termination The Special Envoy for Ukraine position authorized under subsection (a) shall terminate 5 years after the date of the enactment of this Act. 104. Potential designation of the Russian Federation as a state sponsor of terrorism (a) In general Should the Government of the Russian Federation, or any of its proxies, advance their militaries on the territory or airspace of Ukraine beyond the area occupied as of December 15, 2021, the Secretary of State shall, within 5 days of that advancement, designate the Russian Federation as a state sponsor of terrorism. (b) State sponsor of terrorism defined In this section, the term state sponsor of terrorism means a country, the government of which the Secretary of State has determined, for purposes of section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. 105. Extension and modification of limitation on military cooperation between the United States and the Russian Federation (a) Extension Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2488) is amended by striking or 2021 and inserting 2021, or 2022 . (b) Waiver Subsection (c)(2) of such section is amended to read as follows: (2) not later than 15 days before the date on which the waiver takes effect, and every 90 days thereafter, submits to the appropriate congressional committees— (A) a notification that the waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver during the applicable reporting period; (B) a description of any condition or prerequisite placed by the Russian Federation on military cooperation between the United States and the Russian Federation; (C) a description of the results achieved by United States-Russian Federation military cooperation during the applicable reporting period and an assessment of whether such results meet the national security objectives described under subparagraph (A); (D) a description of the measures in place to mitigate counterintelligence or operational security concerns and an assessment of whether such measures have succeeded, submitted in classified form as necessary; and (E) a report explaining why the Secretary of Defense cannot make the certification under subsection (a). . II Bolstering Ukraine’s deterrence against Russian aggression 201. Appropriate congressional committees defined In this title, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 202. Amendment to presidential drawdown authority The authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ) may be exercised during fiscal year 2022 for Ukraine to the maximum extent available for that fiscal year, without diminishing the dollar limitation available under that section for such fiscal year. 203. Foreign military financing (a) Authorization of Appropriations There is authorized to be appropriated for the Department of State for fiscal year 2022 $450,000,000 for Foreign Military Financing (FMF) assistance to Ukraine to assist the country in meeting its defense needs. (b) Notice to Congress Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a notification containing the following: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (c) Prioritization Of the funds authorized under this section, $100,000,000 shall be set aside to— (1) prioritize the development of Ukrainian air defense capabilities, to include weapons systems; (2) prioritize the procurement of vessels for the Ukrainian Navy and other articles that bolster the capacity of the Ukrainian Navy to counter Russian maritime aggression and maintain the freedom of innocent passage throughout the Black Sea; and (3) ensure adequate planning for maintenance for any equipment provided. (d) Authority To Provide Lethal Assistance The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. 204. Expedited excess defense articles transfer program (a) In general During fiscal years 2022 through 2026, the delivery of excess defense articles to Ukraine shall be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). (b) Notification Notwithstanding section 516(f) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(f) ), during fiscal years 2022 through 2026, the delivery of excess defense articles to Ukraine shall be subject to a 15-day notification requirement. 205. Strategy on excess defense articles from allies (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a classified strategy on how the United States will encourage third countries to donate excess defense equipment to Ukraine. (b) Elements The report required under subsection (a) shall include the following elements: (1) A listing of all friendly and allied nations that have excess defense material that may be compatible with the needs and systems utilized by the Armed Forces of Ukraine, including air defense systems, small arms and ammunition, artillery and multiple-launch rocket systems, and anti-tank systems. (2) A description of the diplomatic efforts undertaken by the United States Government to encourage allied nations to donate their excess defense articles to Ukraine on an expedited basis. 206. Report on Ukrainian capabilities to counter air-based threats (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the capabilities of Ukraine to counter air-based threats. (b) Elements The report submitted under subsection (a) shall include the following elements: (1) An assessment of the risk to the armed forces of Ukraine posed by aerial threats, including current threats from weaponized unmanned aerial vehicles, manned aircraft, and missile and rocket attacks. (2) An assessment of the current defensive capabilities of Ukraine to counter the threats described in paragraph (1) and assessed gaps in capabilities to address such threats. (3) A description of current efforts to build the defensive capabilities of Ukraine, an assessment of potential options for additional United States security assistance to address shortfalls identified pursuant to paragraph (2), and any considerations with regard to absorption capacity, maintenance, and sustainment. 207. International Military Education and Training cooperation with Ukraine (a) Authorization of appropriations There is authorized to be appropriated to the Department of State $4,000,000 for each of fiscal years 2022 through 2026 for International Military Education and Training (IMET) assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Ukraine’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and human rights. (b) Notice to Congress Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a notification containing the following elements: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. 208. Strategy on IMET programming in Ukraine (a) Sense of Congress It is the sense of Congress that the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the Ukrainian Armed Forces. (b) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for the implementation of the IMET program in Ukraine authorized under section 207. (c) Elements The strategy required under subsection (a) shall include the following elements: (1) A clear plan, developed in close consultation with the Ukrainian Ministry of Defense and the Armed Forces of Ukraine, for how the IMET program will be used by the United States Government and the Government of Ukraine to propel program graduates to positions of prominence in support of the Ukrainian military’s reform efforts in line with NATO standards. (2) An assessment of the education and training requirements of the Ukrainian military and clear recommendations for how IMET graduates should be assigned by the Ukrainian Ministry of Defense upon completion of education or training. (3) An accounting of the current combat requirements of the Ukrainian military and an assessment of the viability of alternative mobile training teams, distributed learning, and other flexible solutions to reach such students. (4) An identification of opportunities to influence the next generation of leaders through attendance at United States staff and war colleges, junior leader development programs, and technical schools. (d) Form The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 209. Sense of Congress on loan program It is the sense of Congress that— (1) as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Ukraine’s military forces; and (2) such loans should be considered an additive security assistance tool, and not a substitute for Foreign Military Financing for grant assistance or Ukraine Security Assistance Initiative programming. 210. Strategy to protect Ukraine's defense industry from strategic competitors (a) Sense of Congress It is the sense of Congress that the United States should work with the Government of Ukraine to ensure strategic assets and companies in Ukraine’s aerospace and defense sector are not subject to foreign ownership, control, or undue influence by strategic competitors to the United States, such as the People’s Republic of China (PRC). These efforts will require support from across the executive branch and should leverage all available tools and authorities. (b) Strategy required (1) In general Not later than 30 days after the date of the enactment of this Act, the President, acting through the Secretary of Defense and the Secretary of State and in consultation with the heads of other relevant Departments and agencies as the President may determine, shall submit to the appropriate committees of Congress a strategy to support Ukraine in protecting its aerospace and defense industry from predatory investments. (2) Elements The strategy required under paragraph (1) shall include the following elements: (A) An assessment of the efforts by strategic competitors, such as the PRC, to acquire strategic assets and companies in Ukraine’s aerospace and defense sector and the national security implications for Ukraine, the United States, and other NATO allies and partners. (B) An assessment of the vulnerabilities that strategic competitors of the United States exploit to acquire strategic assets in the Ukrainian aerospace and defense sector, Ukraine’s progress in addressing them, and United States initiatives to support these efforts such as assistance in strengthening Ukraine’s investment screening and national security vetting laws. (C) An assessment of Ukraine’s efforts to make reforms necessary to incentivize Western investment in Ukraine’s aerospace and defense sector and United States support for these efforts. (D) A strategy to— (i) promote, as appropriate, United States direct investment in Ukraine’s aerospace and defense sector; (ii) better leverage tools like debt financing, equity investments, and political risk insurance to incentivize greater participation by United States firms; (iii) provide an alternative to PRC investments; and (iv) engage like-minded allies and partners on these efforts. (3) Form The strategy required under paragraph (1) shall be submitted in classified form. 211. Authorization of appropriations (a) In general There is authorized to be appropriated to the Department of State $50,000,000 for each of the fiscal years 2022 through 2026 for the purposes described in subsection (b) with respect to Ukraine. (b) Use of funds Amounts appropriated pursuant to subsection (a) may only be used— (1) to strengthen Ukraine's cyber security, cyber resilience and intellectual property enforcement; (2) to provide support and training in Ukraine for— (A) sectoral reforms related to banking and public finance management reform; (B) the privatization of state-owned enterprises; (C) regulatory independence; (D) subsidy reform; (E) land reform; (F) corporate governance; and (G) foreign investment screening; (3) to combat corruption, improve the rule of law, and otherwise strengthen independent legal institutions, including by— (A) expanding regional anti-corruption training and exchanges among Ukrainian Ministry officials, law enforcement officers, judges, and prosecutors to build peer support, share best practices, maintain reform momentum, and protect reforms from capture; and (B) supporting regional training of United States Embassy personal responsible for supporting anti-corruption and the rule of law to improve their effectiveness in supporting the consolidation and expansion of reform; (4) to respond to the humanitarian crises caused or aggravated by the invasion and occupation of Ukraine by the Russian Federation, including by supporting internally displaced persons and communities in conflict-affected areas; (5) to improve participatory legislative processes in Ukraine, including through— (A) engagement with members of the Verkhovna Rada; (B) training on government oversight, legal education, political transparency and competition, and compliance with international obligations; and (C) supporting the development of professional legislative staff to advise and assist member of the Verkhovna Rada and committees in the execution of their duties and build legal and policy expertise within the Verkhovna Rada; and (6) to further build the capacity of civil society, independent media, human rights, and other nongovernmental organizations in Ukraine, with an emphasis on— (A) building capacity outside of Kyiv; and (B) regional civil society training and exchange programs. III Securing Ukraine against Russia’s use of energy as a weapon 301. Imposition of sanctions with respect to Nord Stream 2 (a) In general Not later than 15 days after the date of the enactment of this Act, the President shall— (1) impose sanctions under subsection (b) with respect to any corporate officer of an entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity; and (2) impose sanctions under subsection (c) with respect to any entity described in paragraph (1). (b) Ineligibility for visas, admission, or parole of identified persons and corporate officers (1) Visas, admission, or parole An alien described in subsection (a)(1) is— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) 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. ). (2) Current visas revoked (A) In general The visa or other entry documentation of an alien described in subsection (a)(1) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (B) Immediate effect A revocation under clause (i) shall— (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Blocking of property of identified persons The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of an entity described in subsection (a)(1) 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. (d) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Exception to comply with United Nations Headquarters Agreement Sanctions under this section shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations. (3) Exception relating to importation of goods (A) In general Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (e) Conditions for removal of sanctions Subject to review by Congress under section 216 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511 ), the President may waive the application of sanctions under this section if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) submits to the appropriate committees of Congress a report on the waiver and the reason for the waiver. (f) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Sunset The authority to impose sanctions under this section shall terminate on the date that is 5 years after the date of the enactment of this Act. (h) Definitions In this section: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person within the United States. 302. Congressional review of waiver under protecting Europe’s Energy Security Act of 2019 Section 7503(f) of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) is amended, in the matter preceding paragraph (1), by striking The President and inserting Subject to review by Congress under section 216 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511 ), the President . 303. Application of congressional review under Countering America’s Adversaries Through Sanctions Act Section 216(a)(2) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511(a)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting (other than sanctions described in clause (i)(IV) of that subparagraph) after subparagraph (B) ; and (B) in clause (ii), by inserting or otherwise remove after waive ; and (2) in subparagraph (B)(i)— (A) in subclause (II), by striking ; or and inserting a semicolon; (B) in subclause (III), by striking ; and and inserting a semicolon; and (C) by adding at the end the following: (IV) section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note); or (V) section 301 of the Guaranteeing Ukrainian Autonomy by Reinforcing its Defense (GUARD) Act of 2021 ; and . 304. Inclusion of matter relating to Nord Stream 2 in report under Countering America’s Adversaries Through Sanctions Act Each report submitted under section 216(a)(1) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511(a)(1) ) relating to sanctions under section 301 of this Act or section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) shall include— (1) an assessment of the security risks posed by Nord Stream 2, including— (A) the presence along Nord Stream 2 or Nord Stream 1 infrastructure or pipeline corridors of undersea surveillance systems and sensors, fiber optic terminals, or other systems that are capable of conducting military or intelligence activities unrelated to civilian energy transmission, including those designed to enhance Russian Federation anti-submarine warfare, surveillance, espionage, or sabotage capabilities; (B) the use of Nord Stream-affiliated infrastructure, equipment, personnel, vessels, financing, or other assets— (i) to facilitate, carry out, or conceal Russian Federation maritime surveillance, espionage, or sabotage activities; (ii) to justify the presence of Russian Federation naval vessels or military personnel or equipment in international waters or near North Atlantic Treaty Organization or partner countries; (iii) to disrupt freedom of navigation; or (iv) to pressure or intimidate countries in the Baltic Sea; (C) the involvement in the Nord Stream 2 pipeline or its affiliated entities of current or former Russian, Soviet, or Warsaw Pact intelligence and military personnel and any business dealings between Nord Stream 2 and entities affiliated with the intelligence or defense sector of the Russian Federation; and (D) malign influence activities of the Government of the Russian Federation, including strategic corruption and efforts to influence European decisionmakers, supported or financed through the Nord Stream 2 pipeline; (2) an assessment of whether the Russian Federation maintains gas transit through Ukraine at levels consistent with the volumes set forth in the Ukraine-Russian Federation gas transit agreement of December 2019 and continues to pay the transit fees specified in that agreement; (3) an assessment of the status of negotiations between the Russian Federation and Ukraine to secure an agreement to extend gas transit through Ukraine beyond the expiration of the agreement described in paragraph (2); (4) an assessment of whether the United States and Germany have agreed on a common definition for energy weaponization and the associated triggers for sanctions and other enforcement actions, pursuant to the Joint Statement of the United States and Germany on support for Ukraine, European energy security, and our climate goals, dated July 21, 2021; and (5) a description of the consultations with United States allies and partners in Europe, including Ukraine, Poland, and the countries in Central and Eastern Europe most impacted by the Nord Stream 2 pipeline concerning the matters agreed to, as described in paragraph (4). 305. Ukraine Security Assistance Initiative There is authorized to be appropriated $50,000,000 for fiscal year 2022 for the Ukraine Security Assistance Initiative for the purpose of providing lethal aid assistance. Such amount is in addition to any other amounts appropriated or otherwise made available for such fiscal year for such purposes. 306. Appropriate congressional committees defined In this title, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3407is/xml/BILLS-117s3407is.xml |
117-s-3408 | II 117th CONGRESS 1st Session S. 3408 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 36 of title 44, United States Code, to require reporting regarding the security of cloud computing products and services.
1. Short title This Act may be cited as the Federal Cloud Risk Management Improvements Act . 2. Reporting regarding security of cloud computing products and services (a) In general Chapter 36 of title 44, United States Code, is amended by adding at the end the following: 3607. Reporting regarding security of cloud computing products and services (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 3502. (2) Cloud computing The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. (3) Cloud service provider The term cloud service provider means an entity offering cloud computing products or services to agencies. (b) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator of General Services 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 includes a review of measures taken under the Federal Risk and Authorization Management Program, or any successor thereto, to ensure the security of data stored or processed by cloud service providers, which may include— (1) geolocation restrictions for provided products or services; (2) disclosures of foreign elements of supply chains of acquired products or services; (3) regular disclosures of ownership of cloud service providers by foreign entities; and (4) encryption requirements for data processed, stored, or transmitted by cloud service providers. . (b) Conforming amendment The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following: 3607. Reporting regarding security of cloud computing products and services. . | https://www.govinfo.gov/content/pkg/BILLS-117s3408is/xml/BILLS-117s3408is.xml |
117-s-3409 | II 117th CONGRESS 1st Session S. 3409 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Moran (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Economic Growth, Regulatory Relief, and Consumer Protection Act to require the appropriate Federal banking agencies to develop a Community Bank Leverage Ratio that is between 8 percent and 8.5 percent for calendar years 2022, 2023, and 2024, and for other purposes.
1. Community Bank Leverage Ratio Section 201 of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 12 U.S.C. 5371 note) is amended by striking subsection (b) and inserting the following: (b) Community bank leverage ratio (1) In general Except as provided in paragraph (2), the appropriate Federal banking agencies shall, through notice and comment rule making under section 553 of title 5, United States Code— (A) develop a Community Bank Leverage Ratio of not less than 8 percent and not more than 10 percent for qualifying community banks; and (B) establish procedures for treatment of a qualifying community bank that has a Community Bank Leverage Ratio that falls below the percentage developed under subparagraph (A) after exceeding the percentage developed under subparagraph (A). (2) Calendar years 2022, 2023, and 2024 The appropriate Federal banking agencies shall, through notice and comment rule making under section 553 of title 5, United States Code develop a Community Bank Leverage Ratio to apply during the period beginning on January 1, 2022, and ending on December 31, 2024, that is not less than 8 percent and not more than 8.5 percent for qualifying community banks. . | https://www.govinfo.gov/content/pkg/BILLS-117s3409is/xml/BILLS-117s3409is.xml |
117-s-3410 | II 117th CONGRESS 1st Session S. 3410 IN THE SENATE OF THE UNITED STATES December 15, 2021 Mr. Lee (for himself, Ms. Lummis , Mr. Tillis , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 13 of the Federal Trade Commission Act to provide for equitable relief, and for other purposes.
1. Short title This Act may be cited as the The Consumer Protection and Due Process Act . 2. Amendments to the Federal Trade Commission Act (a) Provision of equitable relief; authority To refer to the Attorney General (1) In general Section 13 of the Federal Trade Commission Act ( 15 U.S.C. 53 ) is amended by adding at the end the following: (e) Equitable relief (1) Restitution; contract rescission and reformation; refunds; return of property respecting unfair or deceptive acts or practices (A) In general Subject to paragraph (4), in a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order— (i) restitution for consumer loss that the court has a sound basis to conclude resulted from such violation; (ii) rescission or reformation of contracts; or (iii) the refund of property. (B) Limitations period In a suit brought under subsection (b)(2)(B), the Commission may bring a claim for relief under this paragraph not later than 3 years after the date on which the violation that gives rise to the suit in which the Commission seeks the claim occurs. (2) Disgorgement respecting unfair or deceptive acts or practices (A) In general Subject to paragraph (4), in a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order, disgorgement of any unjust enrichment the court has a sound basis to conclude that a person, partnership, or corporation obtained as a result of that violation. (B) Calculation Any amount that a court orders a person, partnership, or corporation to pay under subparagraph (A) shall be offset by any amount a court orders the person, partnership, or corporation to pay or to return under paragraph (1)(A) and shall not exceed the net profits directly related to the violation by the person, partnership, or corporation. (C) Limitations period In a suit brought under subsection (b)(2)(B), the Commission may bring a claim for disgorgement under this paragraph not later than 3 years after the date on which the violation that gives rise to the suit in which the Commission seeks the claim occurs. (3) Calculation of limitations periods For purposes of calculating any limitations period under paragraph (1) or (2), any time in which a person, partnership, or corporation against which such equitable relief is sought is outside the United States shall not be counted for purposes of calculating such period. (4) Burden of proof; presumption (A) Burden of proof The court may order equitable relief under paragraph (1) or (2) only if the Commission proves that— (i) the act or practice which relates to the violation that gives rise to the suit in which the Commission seeks such relief is an act or practice that a reasonable individual would have known, under the circumstances, was unfair or deceptive within the meaning of section 5(a)(1); and (ii) a reasonable individual— (I) materially relied on such act or practice; and (II) such act or practice proximately caused harm to the individual. (B) No presumption of material reliance For purposes of subparagraph (A)(ii)(I), the court may not presume that an individual materially relied on any unfair or deceptive acts or practices solely on the basis of a finding that such individual was exposed to such unfair or deceptive acts or practices. (f) Referral by the Commission In any action brought by the Commission under this section involving an unfair method of competition in which the court rules in favor of the Commission, the Commission may refer the action to the Attorney General to collect actual damages under section 4A(b) of the Clayton Act. . (2) Conforming amendments Section 13 of the Federal Trade Commission Act ( 15 U.S.C. 53 ) is amended by striking subsection (b) and inserting the following: (b) Temporary restraining orders; preliminary and permanent injunctions; other relief Whenever the Commission has reason to believe— (1) that any person, partnership, or corporation has violated, is violating, or is about to violate any provision of law enforced by the Federal Trade Commission; and (2) that either— (A) the enjoining thereof pending the issuance of a complaint by the Commission and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final, would be in the interest of the public; or (B) the permanent enjoining thereof or the ordering of equitable relief under subsection (e) would be in the interest of the public, the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to obtain such injunction or relief. In a case brought under paragraph (2)(A), upon a proper showing that, weighing the equities and considering the Commission's likelihood of ultimate success, a temporary restraining order or preliminary injunction would be in the public interest, and after notice to the defendant, a temporary restraining order or a preliminary injunction may be granted: Provided, however, That if a complaint is not filed within such period (not exceeding 20 days) as may be specified by the court after issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect: Provided further, That in a case brought under paragraph (2)(B), after proper proof, the court may issue a permanent injunction, equitable relief under subsection (e), or any other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. Any suit under paragraph (2) may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any such suit, process may be served on any person, partnership, or corporation wherever it may be found. . (b) Amendments to authority To commence or defend litigation (1) In general Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (A) in subparagraph (A), by striking (relating to injunctive relief) ; and (B) in subparagraph (B), by striking (relating to consumer redress) . (2) Technical amendment Section 16(a)(2)(D) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2)(D) ) is amended by striking subpena and inserting subpoena . (c) Applicability The amendments made by subsections (a) and (b) shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this Act. 3. Actions by the Attorney General (a) In general Section 4A of the Clayton Act ( 15 U.S.C. 15a ) is amended— (1) by striking Whenever and inserting (a) Whenever ; and (2) by adding at the end the following: (b) (1) The Attorney General may bring a civil action in the name of the United States, as parens patriae on behalf of natural persons residing in the United States who shall be injured in his or her business or property by reason of anything forbidden in the antitrust laws, in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover the damages sustained by him or her, and the cost of the suit, including a reasonable attorney’s fee. (2) No damages or costs may be recovered for the same injury that was the basis for the action under that paragraph in addition to any damages or costs awarded in such action. . (b) Applicability The amendments made by subsection (a) shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3410is/xml/BILLS-117s3410is.xml |
117-s-3411 | II 117th CONGRESS 1st Session S. 3411 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Scott of South Carolina (for himself and Ms. Hassan ) 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 include expenses for certain athletic supplies in the above-the-line deduction for eligible educators, and to allow such deduction to interscholastic sports administrators and coaches.
1. Updates to above-the-line deduction for educators (a) In general Section 62 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(2)(D)— (A) in the heading, by adding and other instructional school personnel at the end, and (B) in clause (ii)— (i) by striking (other than nonathletic supplies for courses of instruction in health or physical education) , and (ii) by striking in the classroom and inserting as part of instructional activity , and (2) in subsection (d)(1)(A), by inserting interscholastic sports administrator or coach, after counselor, . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s3411is/xml/BILLS-117s3411is.xml |
117-s-3412 | II 117th CONGRESS 1st Session S. 3412 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Thune (for himself, Mr. Barrasso , Mr. Braun , Mr. Cramer , Mr. Crapo , Mr. Hawley , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Lankford , Ms. Lummis , Mr. Moran , Mr. Risch , Mr. Rounds , Mr. Rubio , Mr. Scott of South Carolina , Mr. Sullivan , Mr. Wicker , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the use of Federal funds to enforce the rule submitted by the Department of Health and Human Services relating to COVID–19 vaccine and mask requirements for Head Start programs.
1. Short title This Act may be cited as the Preventing Mandates on Toddlers Act . 2. Prohibition on funding the HHS rule on Head Start COVID vaccine and mask requirements Notwithstanding any other law, no funds appropriated or otherwise made available to the Department of Health and Human Services shall be obligated or expended to— (1) implement or enforce the rule submitted by the Department of Health and Human Services relating to Vaccine and Mask Requirements To Mitigate the Spread of COVID–19 in Head Start Programs (86 Fed. Reg. 68052 (November 30, 2021)); or (2) promulgate, implement, or enforce any rule, regulation, or other agency statement, that is substantially similar to the rule described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3412is/xml/BILLS-117s3412is.xml |
117-s-3413 | II 117th CONGRESS 1st Session S. 3413 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Brown (for himself and Mr. Portman ) 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 extend the credit for health insurance costs of eligible individuals.
1. Extension of Health Coverage Tax Credit (a) In general Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking January 1, 2022 and inserting January 1, 2026 . (b) Effective date The amendment made by this section shall apply to coverage months beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3413is/xml/BILLS-117s3413is.xml |
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