legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-3414 | II 117th CONGRESS 1st Session S. 3414 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Marshall (for himself, Mr. Grassley , Mr. Inhofe , Mrs. Blackburn , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Government Accountability Office to evaluate the policies and actions of the National Institutes of Health with respect to research involving the enhancement of potential pandemic pathogens and related activities.
1. Short title This Act may be cited as the National Biosecurity Improvement Act of 2021 . 2. GAO study (a) In general The Comptroller General of the United States shall conduct a study of the policies and past actions of the National Institutes of Health with respect to research involving the enhancement of potential pandemic pathogens and related research that could result in unintended homeland and national security concerns. Such study shall consider— (1) how Federal agencies that fund research involving the enhancement of potential pandemic pathogens and related risky research with potentially dangerous pathogens, including the Department of Health and Human Services and the Department of Defense, ensure that such research is conducted safely and securely and without compromising national security; (2) efforts to establish a common domestic and international approach to ensuring the safety and security of research involving the enhancement of potential pandemic pathogens and related risky research with potentially dangerous pathogens; and (3) the extent that Federal agencies described in paragraph (1) consider national security information when making decisions about Federal funding to support research in other countries. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on the Judiciary, and the Committee on Armed Services of the Senate a report containing the results of the study conducted under subsection (a), including policy recommendations. | https://www.govinfo.gov/content/pkg/BILLS-117s3414is/xml/BILLS-117s3414is.xml |
117-s-3415 | II 117th CONGRESS 1st Session S. 3415 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers.
1. Short title This Act may be cited as the Constitutional Accountability Act . 2. Findings Congress finds the following: (1) The 14th Amendment to the Constitution of the United States was passed by Congress and ratified by the people of the United States against the backdrop of numerous State laws, policies, and practices that denied African Americans and others their enjoyment of fundamental rights. (2) Congress drafted the 14th Amendment to broadly protect fundamental rights and guarantee equality to all persons. (3) To help realize the promise of equality protected in the 14th Amendment, Congress passed section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) (referred to in this section as section 1983 ), creating a statutory remedy for violations of the Constitution of the United States and Federal law. According to Mitchum v. Foster, 407 U.S. 225, 242 (1972), section 1983 was intended to interpose the Federal courts between the States and the people, as guardians of the people’s Federal rights . (4) By creating this remedy, Congress recognized that civil suits are a necessary and powerful tool to protect individual rights. Suits under section 1983 can not only make whole victims who are wronged. The suits can incentivize actors to take the steps necessary to avoid wrongdoing in the first place. (5) Unfortunately, the Supreme Court’s current crabbed interpretation of section 1983 undermines its ability to accomplish these goals. (6) Private employers are responsible for the torts of their employees under the doctrine of respondeat superior. The risk of liability incentivizes private employers to effectively hire, supervise, train, and discipline their employees. (7) In contrast, under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978), municipal defendants are not subject to respondeat superior liability for the constitutional torts of their officers. Cities may only be held liable for the constitutional torts of their officers only when the plaintiff can show that the violation was the result of a municipal policy or custom. Under Will V. Michigan Department of State Police, 491 U.S. 58 (1989), States cannot be held liable at all. (8) The Monell doctrine requires judges to resolve difficult questions regarding which officials are policymakers, whether an official was acting in State or local capacity, and municipalities’ training and hiring processes. (9) In Board of County Commissioners v. Brown, 520 U.S. 397, 430 (1997), Justice Breyer criticized this highly complex body of interpretive law and called for a reexamination of the legal soundness of the Monell doctrine. Numerous scholars, as well as other jurists, have criticized the Monell doctrine as convoluted, inconsistent, arbitrary, and unintelligible. (10) There is no statutory cause of action for constitutional violations by Federal officials. Victims can only bring their claims if courts infer a cause of action, which they are increasingly unlikely to do. (11) Police officers are regularly called upon to make split-second, life-or-death decisions. The current liability regime, however, is not sufficient to ensure that police departments adequately hire, train, supervise, and discipline their officers so that they can respond to these situations in a constitutional manner. (12) There are over 18,000 police departments in the United States and no uniform standard on how officers should be trained. Departments generally require significantly more training on how to deploy force than when it is appropriate to do so. As recently as 2017, 34 States did not mandate de-escalation training for all officers. (13) A National Public Radio study of fatal police shootings of unarmed Black people nationwide found that several officers were involved in multiple shootings without consequences. The same study found that departments hired officers with histories of domestic violence, as well as officers who were fired or forced out of other police departments due to prior misconduct. (14) According to United States v. Georgia, 546 U.S. 151, 158 (2006), Congress has the power under section 5 of the 14th Amendment to the Constitution of the United States to provide for direct enforcement of section 1 of the 14th Amendment by creating private remedies, including ones against the States. . (15) Eliminating restrictions on the liability of State and local governments is necessary to ensure that no State [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. . 3. Civil actions for deprivation of rights Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended— (1) in the first sentence, by striking Every and inserting the following: (a) In this section: (1) The term person includes— (A) the United States; (B) a State or Territory or the District of Columbia; (C) a local government; (D) an agency, government body, or any subdivision of the United States, a State or Territory or the District of Columbia, or a local government, or an entity created by a combination of any of the foregoing; and (E) an individual or private entity. (2) The term law enforcement officer includes any officer of a local government, or of a State or Territory or the District of Columbia, or of the United States, or an entity created by a combination of any of the foregoing who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of law. (b) Every ; (2) in subsection (b), as so designated, in the first sentence, by inserting the United States, before any State ; and (3) by adding at the end the following: (c) A person is liable under this section for a violation of rights, privileges, or immunities secured by the Constitution and laws committed by an individual who at the time of the violation is employed by the person as, or contracted by the person to do the work of, a law enforcement officer. Liability under this subsection shall exist without regard to whether such employee or contractor would be immune from liability, and without regard to whether the employee or contractor was acting pursuant to a policy or custom of the person who is the employer. (d) Pursuant to section 5 of the 14th Amendment, no State shall be immune from suit, under the Eleventh Amendment or other doctrine of State sovereign immunity, for any claims on which subsection (c) subjects a person to liability. (e) For purposes of an action under subsection (c), the United States waives its sovereign immunity. (f) Except as expressly stated, no provision of this section shall be construed to abolish, repeal, or limit the scope of any right of action otherwise available under this section or any other source of law. . | https://www.govinfo.gov/content/pkg/BILLS-117s3415is/xml/BILLS-117s3415is.xml |
117-s-3416 | II 117th CONGRESS 1st Session S. 3416 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Murphy (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 expand the enforcement authority of the Food and Drug Administration with respect to counterfeit devices.
1. Short title This Act may be cited as the Protecting Patients from Counterfeit Medical Devices Act . 2. Expanding enforcement authority and penalties for counterfeit devices (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) (1) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device upon any device or container, packaging, or labeling thereof so as to render such device a counterfeit device. (2) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any device or container, packaging, or labeling thereof so as to render such device a counterfeit device. (3) The doing of any act which causes a device to be a counterfeit device, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit device. . (b) Penalties Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended— (1) in subsection (b)(8), by inserting , or who violates section 301(fff)(3) by knowingly making, selling or dispensing, or holding for sale or dispensing, a counterfeit device, after a counterfeit drug ; and (2) in subsection (c), by inserting ; or (6) for having violated section 301(fff)(2) if such person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a device being a counterfeit device, or for having violated section 301(fff)(3) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the device was a counterfeit device before the period. (c) Seizure Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334(a)(2) ) is amended— (1) by striking , and (E) and inserting , (E) ; and (2) by inserting , (F) Any device that is a counterfeit device, (G) Any container, packaging, or labeling of a counterfeit device, and (H) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit device or devices before the period. | https://www.govinfo.gov/content/pkg/BILLS-117s3416is/xml/BILLS-117s3416is.xml |
117-s-3417 | II 117th CONGRESS 1st Session S. 3417 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Bennet (for himself, Mr. Sanders , Ms. Duckworth , Mr. Tester , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit discrimination against individuals with disabilities who need long-term services and supports, and for other purposes.
1. Short title This Act may be cited as the Latonya Reeves Freedom Act of 2021 . 2. Purposes The purposes of this Act are— (1) to clarify and strengthen the integration mandate of the Americans with Disabilities Act of 1990, held by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) in a manner that accelerates and improves State compliance; (2) to ensure that States provide long-term services and supports to individuals with disabilities in a manner that allows individuals with disabilities to live in the most integrated setting, including the individual’s own home, have maximum control over their services and supports, and ensure that long-term services and supports are provided in a manner that allows individuals with disabilities to lead an independent life; (3) to establish a comprehensive State planning requirement that includes enforceable, measurable objectives that are designed to transition individuals with all types of disabilities at all ages out of institutions and into the most integrated setting, if they choose that transition; and (4) to identify and address racial, ethnic, geographic, socioeconomic, sexual orientation, gender identity, and other disparities in the provision of community-based long-term services and supports. 3. Definitions and rule (a) Definitions In this Act: (1) Activities of daily living The term activities of daily living has the meaning given the term in section 441.505 of title 42, Code of Federal Regulations (or a successor regulation). (2) Administrator The term Administrator means— (A) the Administrator of the Administration for Community Living; or (B) another designee of the Secretary of Health and Human Services. (3) Community-based The term community-based , when used in reference to services or supports, means services or supports that are provided to an individual with an LTSS disability to enable that individual to live in the community and lead an independent life, and that are delivered in whichever setting the individual with an LTSS disability has chosen out of the following settings with the following qualities: (A) In the case of a dwelling or a nonresidential setting (such as a setting in which an individual with an LTSS disability receives day services and supported employment), a dwelling or setting— (i) that, as a matter of infrastructure, environment, amenities, location, services, and features, is integrated into the greater community and supports, for each individual with an LTSS disability who receives services or supports at the setting— (I) full access to the greater community (including access to opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community); and (II) access to the greater community to the same extent as access to the community is enjoyed by an individual who is not receiving long-term services or supports; (ii) that the individual has selected as a meaningful choice from among nonresidential setting options, including nondisability-specific settings; (iii) in which an individual has rights to privacy, dignity, and respect, and freedom from coercion and restraint; (iv) that, as a matter of infrastructure, environment, amenities, location, services, and features, optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including choices about daily activities, physical environment, and persons with whom the individual interacts; and (v) that, as a matter of infrastructure, environment, amenities, location, services, and features, facilitates individual choice regarding the provision of services and supports, and who provides those services and supports. (B) In the case of a dwelling, a dwelling— (i) that is owned by an individual with an LTSS disability or the individual’s family member; (ii) that is leased to the individual with an LTSS disability under an individual lease, that has lockable access and egress, and that includes living, sleeping, bathing, and cooking areas over which an individual with an LTSS disability or the individual’s family member has domain and control; or (iii) that is a group or shared residence— (I) in which no more than 4 unrelated individuals with an LTSS disability reside; (II) for which each individual with an LTSS disability living at the residence owns, rents, or occupies the residence under a legally enforceable agreement under which the individual has, at a minimum, the same responsibilities and protections as tenants have under applicable landlord-tenant law; (III) in which each individual with an LTSS disability living at the residence— (aa) has privacy in the individual’s sleeping unit, including a lockable entrance door controlled by the individual; (bb) shares a sleeping unit only if such individual and the individual sharing the unit choose to do so, and if individuals in the residence so choose, they also have a choice of roommates within the residence; (cc) has the freedom to furnish and decorate the individual’s sleeping or living unit as permitted under the lease or other agreement; (dd) has the freedom and support to control the individual’s own schedules and activities; and (ee) is able to have visitors of the individual’s choosing at any time; and (IV) that is physically accessible to the individual with an LTSS disability living at the residence. (4) Dwelling The term dwelling has the meaning given the term in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ). (5) Health-related tasks The term health-related tasks means specific nonacute tasks, typically regulated by States as medical or nursing tasks that an individual with a disability may require to live in the community, including— (A) administration of medication; (B) assistance with use, operation, and maintenance of a ventilator; and (C) maintenance and use of a gastrostomy tube, a catheter, or a stable ostomy. (6) Individual with a disability The term individual with a disability means an individual who is a person with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (7) Individual with an LTSS disability The term individual with an LTSS disability means an individual with a disability who— (A) in order to live in the community and lead an independent life requires assistance in accomplishing— (i) activities of daily living; (ii) instrumental activities of daily living; (iii) health-related tasks; or (iv) other functions, tasks, or activities related to an activity or task described in clause (i), (ii), or (iii); and (B) (i) is currently in an institutional placement; or (ii) is at risk of institutionalization if the individual does not receive community-based long-term services and supports. (8) Institution The term institution means— (A) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) )); (B) a nursing facility (as defined in section 1919(a) of such Act ( 42 U.S.C. 1396r(a) )); (C) a long-term care hospital (as described in section 1886(d)(1)(B)(iv) of such Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv) )); (D) a facility described in section 1905(d) of such Act ( 42 U.S.C. 1396d(d) ); (E) an institution which is a psychiatric hospital (as defined in section 1861(f) of such Act ( 42 U.S.C. 1395x(f) )) or that provides in-patient psychiatric services in a residential setting specified by the Secretary; (F) an institution described in section 1905(i) of such Act ( 42 U.S.C. 1396d(i) ); and (G) any congregate health care services setting that is not community-based. (9) Instrumental activities of daily living (A) In general The term instrumental activities of daily living means one or more activities related to living independently in the community, including activities related to— (i) nutrition, such as preparing meals or special diets, monitoring to prevent choking or aspiration, or assisting with special utensils; (ii) household chores and environmental maintenance tasks; (iii) communication and interpersonal skills, such as— (I) using the telephone or other communications devices; (II) forming and maintaining interpersonal relationships; or (III) securing opportunities to participate in group support or peer-to-peer support arrangements; (iv) travel and community participation, such as shopping, arranging appointments, or moving around the community; (v) care of others, such as raising children, taking care of pets, or selecting caregivers; or (vi) management of personal property and personal safety, such as— (I) taking medication; (II) handling or managing money; or (III) responding to emergent situations or unscheduled needs requiring an immediate response. (B) Assistance The term assistance used with respect to instrumental activities of daily living, includes support provided to an individual by another person due to confusion, dementia, behavioral symptoms, or cognitive, intellectual, mental, or emotional disabilities, including support to— (i) help the individual identify and set goals, overcome fears, and manage transitions; (ii) help the individual with executive functioning, decision making, and problem solving; (iii) provide reassurance to the individual; and (iv) help the individual with orientation, memory, and other activities related to independent living. (10) Long-term service or support The terms long-term service or support and LTSS mean the assistance provided to an individual with a disability in accomplishing, acquiring the means or ability to accomplish, maintaining, or enhancing— (A) activities of daily living; (B) instrumental activities of daily living; (C) health-related tasks; or (D) other functions, tasks, or activities related to an activity or task described in subparagraph (A), (B), or (C). (11) LTSS insurance provider The term LTSS insurance provider means a public or private entity that— (A) provides funds for long-term services and supports; and (B) is engaged in commerce or in an industry or activity affecting commerce. (12) Public entity (A) In general The term public entity means an entity that— (i) provides or funds institutional placements for individuals with LTSS disabilities; and (ii) is— (I) a State or local government; or (II) any department, agency, entity administering a special purpose district, or other instrumentality, of a State or local government. (B) Interstate commerce For purposes of subparagraph (A), a public entity shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (b) Rule of construction Nothing in subsection (a)(2) or any other provision of this section shall be construed to preclude an individual with a disability from receiving community-based services and supports in an integrated community setting such as a grocery store, retail establishment, restaurant, bank, park, concert venue, theater, or workplace. 4. Discrimination (a) In general No public entity or LTSS insurance provider shall deny an individual with an LTSS disability who is eligible for institutional placement, or otherwise discriminate against that individual in the provision of, community-based long-term services and supports that enable the individual to live in the community and lead an independent life. (b) Specific prohibitions For purposes of this Act, discrimination by a public entity or LTSS insurance provider includes— (1) the imposition or application of eligibility criteria or another policy that prevents or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support; (2) the imposition or application of a policy or other mechanism, such as a service or cost cap, that prevent or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support; (3) a failure to provide a specific community-based long-term service or support or a type of community-based long-term service or support needed for an individual with an LTSS disability, or any class of individuals with LTSS disabilities; (4) the imposition or application of a policy, rule, regulation, or restriction that interferes with the opportunity for an individual with an LTSS disability, or any class of individuals with LTSS disabilities, to live in the community and lead an independent life, which may include a requirement that an individual with an LTSS disability receive a service or support (such as day services or employment services) in a congregate or disability-specific setting; (5) the imposition or application of a waiting list or other mechanism that delays or restricts access of an individual with an LTSS disability to a community-based long-term service or support; (6) a failure to establish an adequate rate or other payment structure that is necessary to ensure the availability of a workforce sufficient to support an individual with an LTSS disability in living in the community and leading an independent life; (7) a failure to provide community-based services and supports, on an intermittent, short-term, or emergent basis, that assist an individual with an LTSS disability to live in the community and lead an independent life; (8) the imposition or application of a policy, such as a requirement that an individual utilize informal support, that restricts, limits, or delays the ability of an individual with an LTSS disability to secure a community-based long-term service or support to live in the community or lead an independent life; (9) a failure to implement a formal procedure and a mechanism to ensure that— (A) individuals with LTSS disabilities are offered the alternative of community-based long-term services and supports prior to institutionalization; and (B) if selected by an individual with an LTSS disability, the community-based long-term services and supports described in subparagraph (A) are provided; (10) a failure to ensure that each institutionalized individual with an LTSS disability is regularly notified of the alternative of community-based long-term services and supports and that those community-based long-term services and supports are provided if the individual with an LTSS disability selects such services and supports; and (11) a failure to make a reasonable modification in a policy, practice, or procedure, when such modification is necessary to allow an individual with an LTSS disability to receive a community-based long-term service or support. (c) Additional prohibition For purposes of this Act, discrimination by a public entity also includes a failure to ensure that there is sufficient availability of affordable, accessible, and integrated housing to allow an individual with an LTSS disability to choose to live in the community and lead an independent life, including the availability of an option to live in housing where the receipt of LTSS is not tied to tenancy. (d) Construction Nothing in this section— (1) shall be construed— (A) to prevent a public entity or LTSS insurance provider from providing community-based long-term services and supports at a level that is greater than the level that is required by this section; or (B) to limit the rights of an individual with a disability under any provision of law other than this section; (2) shall be construed to affect the scope of obligations imposed by any other provision of law; or (3) shall be construed to prohibit a public entity or LTSS insurance provider from using managed care techniques, as long as the use of such techniques does not have the effect of discriminating against an individual in the provision of community-based long-term services and supports, as prohibited by this Act. 5. Administration (a) Authority and responsibility (1) Department of Justice The Attorney General shall investigate and take enforcement action for violations of this Act. (2) Department of Health and Human Services The Secretary of Health and Human Services, through the Administrator, shall— (A) review, and approve or disapprove, transition plans submitted by public entities, under section 6(b)(10); (B) establish a task force to assess racial, ethnic, geographic, socioeconomic, sexual orientation, gender identity, and other disparities in the availability and provision of community-based long-term services and supports, which task force shall be responsible for— (i) overseeing studies regarding the nature and extent of racial, ethnic, geographic, socioeconomic, sexual orientation, gender identity, and other disparities in the availability and provision of community-based long-term services and supports and the impact that those disparities have on the institutionalization of individuals with LTSS disabilities; and (ii) submitting to Congress not later than 2 years after the date of enactment of this Act a report on the nature and extent of racial, ethnic, geographic, socioeconomic, sexual orientation, gender identity, and other disparities in the availability and provision of community-based long-term services and supports, including recommendations for addressing those disparities; (C) establish a task force to identify obstacles that prevent individuals with LTSS disabilities from being able to choose community-based alternatives to institutionalization, and to recommend legislative or executive action to address the obstacles; and (D) refer information on violations of this Act to the Attorney General for investigation and enforcement action under this Act. (b) Cooperation of executive departments and agencies Each Federal agency and, in particular, each Federal agency covered by Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based alternatives for individuals with disabilities), shall carry out programs and activities relating to the institutionalization of individuals with LTSS disabilities and the provision of community-based long-term services and supports for individuals with LTSS disabilities in accordance with this Act and shall cooperate with the Attorney General and the Administrator to further the purposes of this Act. 6. Regulations (a) Issuance of regulations Not later than 2 years after the date of enactment of this Act, the Attorney General shall issue, in accordance with section 553 of title 5, United States Code, final regulations to carry out this Act, which shall include the regulations described in subsection (b). (b) Required contents of regulations (1) Protected individuals The regulations shall require each public entity and LTSS insurance provider to offer, and, if accepted, provide community-based long-term services and supports as required under this Act to any individual with an LTSS disability who would otherwise qualify for institutional placement provided or funded by the public entity or LTSS insurance provider. (2) Services to be provided The regulations issued under this section shall require each public entity and LTSS insurance provider to provide the Attorney General and the Administrator (for purposes of enabling the Attorney General to consult with the Administrator) with an assurance that the public entity or LTSS insurance provider— (A) ensures that individuals with LTSS disabilities receive assistance through hands-on assistance, training, cueing, and safety monitoring, including access to backup systems, with— (i) activities of daily living; (ii) instrumental activities of daily living; (iii) health-related tasks; or (iv) other functions, tasks, or activities related to an activity or task described in clause (i), (ii), or (iii); (B) coordinates, conducts, performs, provides, or funds discharge planning from acute, rehabilitation, and long-term facilities to promote individuals with LTSS disabilities living in the most integrated setting chosen by the individuals; (C) issues, conducts, performs, provides, or funds policies and programs to promote self-direction and the provision of consumer-directed services and supports for all populations of individuals with LTSS disabilities served; (D) issues, conducts, performs, provides, or funds policies and programs to support informal caregivers who provide services for individuals with LTSS disabilities; and (E) ensures that individuals with all types of LTSS disabilities are able to live in the community and lead an independent life, including ensuring that the individuals have maximum control over the services and supports that the individuals receive, choose the setting in which the individuals receive those services and supports, and exercise control and direction over their own lives. (3) Public participation (A) Public entity The regulations issued under this section shall require each public entity to carry out a public participation process in preparing the public entity’s self-evaluation under paragraph (5) and transition plan under paragraph (10). (B) LTSS insurance provider The regulations issued under this section shall require each LTSS insurance provider to carry out a public participation process that involves holding a public hearing, providing an opportunity for public comment, and consulting with individuals with LTSS disabilities, in preparing the LTSS insurance provider’s self-evaluation under paragraph (5). (C) Process In carrying out a public participation process under subparagraph (A) or (B), a public entity or LTSS insurance provider shall ensure that the process meets the requirements of subparagraphs (A) and (C) of section 1115(d)(2) of the Social Security Act ( 42 U.S.C. 1315(d)(2) ), except that— (i) the reference to at the State level shall be disregarded; and (ii) the reference to an application shall be considered to be a reference to the self-evaluation or plan involved. (4) Additional services and supports The regulations issued under this section shall establish circumstances under which a public entity shall provide community-based long-term services and supports under this section beyond the level of community-based long-term services and supports which would otherwise be required under this subsection. (5) Self-evaluation (A) In general The regulations issued under this section shall require each public entity and each LTSS insurance provider, not later than 30 months after the date of enactment of this Act, to evaluate current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this Act and, to the extent modification of any such services, policies, and practices is required to meet the requirements of this Act, make the necessary modifications. The self-evaluation shall include— (i) collection of baseline information, including the numbers of individuals with LTSS disabilities in various institutional and community-based settings served by the public entity or LTSS insurance provider, including demographic data that— (I) specifies whether the individuals are women, veterans, or minorities; and (II) is disaggregated by race in a manner that captures all the racial groups specified in the American Community Survey conducted by the Bureau of the Census; (ii) a review of community capacity, in communities served by the entity or provider, in providing community-based long-term services and supports; (iii) identification of improvements needed to ensure that all community-based long-term services and supports provided by the public entity or LTSS insurance provider to individuals with LTSS disabilities are comprehensive, are accessible, are not duplicative of existing (as of the date of the identification) services and supports, meet the needs of persons who are likely to require assistance in order to live, or lead a life, as described in section 4(a), and are culturally competent, high-quality services and supports, which may include identifying system improvements that create an option to self-direct receipt of such services and supports for all populations of such individuals served; and (iv) a review of funding sources for community-based long-term services and supports and an analysis of how those funding sources could be organized into a fair, coherent system that affords individuals reasonable and timely access to culturally competent, community-based long-term services and supports. (B) Public entity A public entity, including an LTSS insurance provider that is a public entity, shall— (i) include in the self-evaluation described in subparagraph (A)— (I) an assessment of the availability of accessible, affordable transportation across the State involved and whether transportation barriers prevent individuals from receiving long-term services and supports in the most integrated setting; and (II) an assessment of the availability of integrated employment opportunities in the jurisdiction served by the public entity for individuals with LTSS disabilities; (ii) provide the self-evaluation described in subparagraph (A) to the Attorney General; and (iii) make the self-evaluation described in subparagraph (A) available on the public internet website of the public entity. (C) LTSS insurance provider An LTSS insurance provider shall keep the self-evaluation described in subparagraph (A) on file, and may be required to produce such self-evaluation in the event of a review, investigation, or action described in section 8. (6) Additional requirement for public entities The regulations issued under this section shall require a public entity, in conjunction with the housing agencies serving the jurisdiction served by the public entity, to review and improve community capacity, in all communities throughout the entirety of that jurisdiction, in providing affordable, accessible, and integrated housing, including an evaluation of available units, unmet need, and other identifiable barriers to the provision of that housing. In carrying out that improvement, the public entity, in conjunction with such housing agencies, shall— (A) ensure, and assure the Attorney General and the Administrator that there is, sufficient availability of affordable, accessible, and integrated housing in a setting that is not a disability-specific residential setting or a setting where services are tied to tenancy, in order to provide individuals with LTSS disabilities a meaningful choice in their housing; (B) in order to address the need for affordable, accessible, and integrated housing— (i) in the case of such a housing agency, establish relationships with State and local housing authorities; and (ii) in the case of the public entity, establish relationships with State and local housing agencies, including housing authorities; (C) establish, where needed, necessary preferences and set-asides in housing programs for individuals with LTSS disabilities who are transitioning from or avoiding institutional placement; (D) establish a process to fund necessary home modifications so that individuals with LTSS disabilities can live independently; and (E) ensure, and assure the Attorney General and the Administrator, that funds and programs implemented or overseen by the public entity or in the public entity’s jurisdiction are targeted toward affordable, accessible, integrated housing for individuals with an LTSS disability who have the lowest income levels in the jurisdiction as a priority over any other development until capacity barriers for such housing are removed or unmet needs for such housing have been met. (7) Designation of responsible employee The regulations issued under this section shall require each public entity and LTSS insurance provider to designate at least one employee to coordinate the entity’s or provider’s efforts to comply with and carry out the entity or provider’s responsibilities under this Act, including the investigation of any complaint communicated to the entity or provider that alleges a violation of this Act. Each public entity and LTSS insurance provider shall make available to all interested individuals the name, office address, and telephone number of the employee designated pursuant to this paragraph. (8) Grievance procedures The regulations issued under this section shall require public entities and LTSS insurance providers to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging a violation of this Act. (9) Provision of service by others The regulations issued under this section shall require each public entity submitting a self-evaluation under paragraph (5) to identify, as part of the transition plan described in paragraph (10), any other entity that is, or acts as, an agent, subcontractor, or other instrumentality of the public entity with regards to a service, support, policy, or practice described in such plan or self-evaluation. (10) Transition plans The regulations issued under this section shall require each public entity, not later than 42 months after the date of enactment of this Act, to submit to the Administrator and, on approval by the Administrator, begin implementing a transition plan for carrying out this Act that establishes the achievement of the requirements of this Act, as soon as practicable, but in no event later than 12 years after the date of enactment of this Act. The transition plan shall— (A) establish measurable objectives to address the barriers to community living identified in the self-evaluation under paragraph (5); (B) establish specific annual targets for the transition of individuals with LTSS disabilities, and shifts in funding, from institutional settings to integrated community-based services and supports, and related programs; (C) describe specific efforts to support individuals with LTSS disabilities to avoid unwanted institutionalization through the provision of LTSS; (D) describe the manner in which the public entity has obtained or plans to obtain necessary funding and resources needed for implementation of the plan (regardless of whether the entity began carrying out the objectives of this Act prior to the date of enactment of this Act); and (E) describe the steps taken to ensure that the transition plan addresses the needs of communities of color and lesbian, gay, bisexual, and transgender, and other underrepresented individuals. (11) Annual reporting (A) In general The regulations issued under this section shall establish annual reporting requirements for each public entity covered by this section. (B) Progress on objectives, targets, and efforts The regulations issued under this section shall require each public entity that has submitted a transition plan, to make publicly available on the entity's website an annual report on the progress the public entity has made during the previous year in meeting the measurable objectives, specific annual targets, and specific efforts described in paragraph (10). (c) Review of transition plans (1) General rule The Administrator shall review a transition plan submitted in accordance with subsection (b)(10), not later than 90 days after receiving the plan, for the purpose of determining whether such plan meets the requirements of this Act, including the regulations issued under this section. (2) Disapproval If the Administrator determines that a transition plan reviewed under this subsection fails to meet the requirements of this Act, the Administrator shall disapprove the transition plan and notify the public entity that submitted the transition plan of, and the reasons for, such disapproval. (3) Modification of disapproved plan Not later than 90 days after the date of disapproval of a transition plan under this subsection, the public entity that submitted the transition plan shall modify the transition plan to meet the requirements of this section and shall submit the modified plan to the Administrator. Not later than 90 days after receiving the modified plan, the Administrator shall review the plan and, on approval by the Administrator, the public entity shall begin implementing the plan. (d) Rule of construction Nothing in subsection (b)(10) or (c) or any other provision of this Act shall be construed to limit the rights, protections, or requirements of any other Federal law, relating to integration of individuals with disabilities into the community and enabling those individuals to live in the most integrated setting. 7. Exemptions for religious organizations This Act shall not prohibit a religious organization, association, or society from giving preference in providing community-based long-term services and supports to individuals of a particular religion connected with the beliefs of such organization, association, or society. 8. Enforcement (a) Civil action (1) In general A civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by an individual described in paragraph (2) in an appropriate Federal district court. (2) Aggrieved individual (A) In general The remedies and procedures set forth in this section are the remedies and procedures this Act provides to any individual who is being subjected to a violation of this Act, or who has reasonable grounds for believing that such individual is about to be subjected to such a violation. (B) Standing An individual with a disability shall have standing to institute a civil action under this subsection if the individual makes a prima facie showing that the individual— (i) is an individual with an LTSS disability; and (ii) is being subjected to, or about to be subjected to, such a violation (including a violation of section 4(b)(11)). (3) Appointment of attorney; no fees, costs, or security Upon application by the complainant described in paragraph (2) and in such circumstances as the court may determine to be just, the court may appoint an attorney for the complainant and may authorize the commencement of such civil action without the payment of fees, costs, or security. (4) Futile gesture not required Nothing in this section shall require an individual with an LTSS disability to engage in a futile gesture if such person has actual notice that a public entity or LTSS insurance provider does not intend to comply with the provisions of this Act. (b) Damages and injunctive relief If the court finds that a violation of this Act has occurred or is about to occur, the court may award to the complainant— (1) actual and punitive damages; (2) immediate injunctive relief to prevent institutionalization; (3) as the court determines to be appropriate, any permanent or temporary injunction (including an order to immediately provide or maintain community-based long-term services or supports for an individual to prevent institutionalization or further institutionalization), temporary restraining order, or other order (including an order enjoining the defendant from engaging in a practice that violates this Act or ordering such affirmative action as may be appropriate); and (4) in an appropriate case, injunctive relief to require the modification of a policy, practice, or procedure, or the provision of an alternative method of providing LTSS, to the extent required by this Act. (c) Attorney’s fees; liability of United States for costs In any action commenced pursuant to this Act, the court, in its discretion, may allow the party bringing a claim or counterclaim under this Act, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs to the same extent as a private person. (d) Enforcement by attorney general (1) Denial of rights (A) Duty to investigate The Attorney General shall investigate alleged violations of this Act, and shall undertake periodic reviews of the compliance of public entities and LTSS insurance providers under this Act. (B) Potential violation The Attorney General may commence a civil action in any appropriate Federal district court if the Attorney General has reasonable cause to believe that— (i) any public entity or LTSS insurance provider, including a group of public entities or LTSS insurance providers, is engaged in a pattern or practice of violations of this Act; or (ii) any individual, including a group, has been subjected to a violation of this Act and the violation raises an issue of general public importance. (2) Authority of court In a civil action under paragraph (1)(B), the court— (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this Act— (i) granting temporary, preliminary, or permanent relief; and (ii) requiring the modification of a policy, practice, or procedure, or the provision of an alternative method of providing LTSS; (B) may award such other relief as the court considers to be appropriate, including damages to individuals described in subsection (a)(2), when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the public entity or LTSS insurance provider in an amount— (i) not exceeding $100,000 for a first violation; and (ii) not exceeding $200,000 for any subsequent violation. (3) Single violation For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the public entity or LTSS insurance provider has engaged in more than one violation of this Act shall be counted as a single violation. 9. Technical assistance (a) In general The Administrator shall provide technical assistance to public entities for purposes of creating and implementing transition plans in accordance with section 6(b)(10). (b) Appropriations In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until expended, to carry out this section. 10. Construction For purposes of construing this Act— (1) section 4(b)(11) shall be construed in a manner that takes into account its similarities with section 302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182(b)(2)(A)(ii) ); (2) the first sentence of section 6(b)(5)(A) shall be construed in a manner that takes into account its similarities with section 35.105(a) of title 28, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act); (3) section 7 shall be construed in a manner that takes into account its similarities with section 807(a) of the Civil Rights Act of 1968 ( 42 U.S.C. 3607(a) ); (4) section 8(a)(2) shall be construed in a manner that takes into account its similarities with section 308(a)(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a)(1) ); and (5) section 8(d)(1)(B) shall be construed in a manner that takes into account its similarities with section 308(b)(1)(B) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(b)(1)(B) ). | https://www.govinfo.gov/content/pkg/BILLS-117s3417is/xml/BILLS-117s3417is.xml |
117-s-3418 | II 117th CONGRESS 1st Session S. 3418 IN THE SENATE OF THE UNITED STATES December 16, 2021 Ms. Warren (for herself, Ms. Baldwin , Mr. Van Hollen , Mr. Casey , Ms. Klobuchar , Mr. Sanders , Mr. Markey , Mr. Blumenthal , Mr. Padilla , Mr. Booker , Ms. Smith , Mr. Brown , Mr. Heinrich , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide emergency assistance to States, territories, Tribal nations, and local areas affected by substance use disorder, including the use of opioids and stimulants, and to make financial assistance available to States, territories, Tribal nations, local areas, public or private nonprofit entities, and certain health providers, to provide for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals with substance use disorder and their families.
1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction Resources Emergency Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Amendment to the Public Health Service Act. TITLE XXXIV—Substance use resources Subtitle A—Local substance use emergency relief grant program Sec. 3401. Establishment of program of grants. Sec. 3402. Planning council. Sec. 3403. Amount of grant, use of amounts, and funding agreement. Sec. 3404. Application. Sec. 3405. Technical assistance. Sec. 3406. Authorization of appropriations. Subtitle B—State and tribal substance use disorder prevention and intervention grant program Sec. 3411. Establishment of program of grants. Sec. 3412. Amount of grant, use of amounts, and funding agreement. Sec. 3413. Application. Sec. 3414. Technical assistance. Sec. 3415. Authorization of appropriations. Subtitle C—Other grant program Sec. 3421. Establishment of grant program. Sec. 3422. Use of amounts. Sec. 3423. Technical assistance. Sec. 3424. Planning and development grants. Sec. 3425. Authorization of appropriations. Subtitle D—Innovation, training, and health systems strengthening Sec. 3431. Special projects of national significance. Sec. 3432. Education and training centers. Sec. 3433. Substance use disorder treatment provider capacity under the Medicaid program. Sec. 3434. Programs to support employees. Sec. 3435. Improving and expanding care. Sec. 3436. Naloxone distribution program. Sec. 3437. Additional funding for the National Institutes of Health. Sec. 3438. Additional funding for the Centers for Disease Control and Prevention. Sec. 3439. Definitions. Sec. 4. Amendments to the Controlled Substances Act. Sec. 5. General limitation on use of funds. Sec. 6. Federal drug demand reduction activities. 2. Purpose It is the purpose of this Act to provide emergency assistance to States, territories, Tribal nations, and local areas that are disproportionately affected substance use disorder, including the use of opioids and stimulants, and to make financial assistance available to States, territories, Tribal nations, local areas, public or private nonprofit entities, and certain health providers, to provide for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals with substance use disorder, including with co-occurring mental health and substance use disorders, and their families. 3. Amendment to the Public Health Service Act The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV Substance use resources A Local substance use emergency relief grant program 3401. Establishment of program of grants (a) In general The Secretary shall award grants to eligible localities for the purpose of addressing substance use within such localities. (b) Eligibility (1) In general To be eligible to receive a grant under subsection (a) a locality shall— (A) be— (i) a county that can demonstrate that the rate of drug overdose deaths per 100,000 population in the county during the most recent 3-year period for which such data are available was not less than the rate of such deaths for the county that ranked at the 67th percentile of all counties, as determined by the Secretary; (ii) a county that can demonstrate that the number of drug overdose deaths during the most recent 3-year period for which such data are available was not less than the number of such deaths for the county that ranked at the 90th percentile of all counties, as determined by the Secretary; (iii) a county that encompasses an undeserved area, defined as a health professional shortage area (as defined in section 332(a)(1)(A)) and a medically underserved area (according to a designation under section 330(b)(3)(A)), that can demonstrate a high burden of both fatal and non-fatal drug overdoses in a manner determined by the Secretary; or (iv) a city that is located within a county described in clause (i), (ii), or (iii) that meets the requirements of paragraph (3); and (B) submit to the Secretary an application in accordance with section 3404. (2) Multiple contiguous counties In the case of an eligible county that is contiguous to one or more other eligible counties within the same State, the group of counties shall— (A) be considered as a single eligible county for purposes of a grant under this section; (B) submit a single application under section 3404; (C) form a joint planning council (for the purposes of section 3402); and (D) establish, through intergovernmental agreements, an administrative mechanism to allocate funds and substance use disorder treatment services under the grant based on— (i) the number and rate of drug overdose deaths and nonfatal drug overdoses in each of the counties that compose the eligible county; (ii) the severity of need for services in each such county; and (iii) the health and support personnel needs of each such county. (3) Cities and counties within multiple contiguous counties (A) In general A city that is within an eligible county described in paragraph (1), or a county or group of counties that is within a group of counties determined to be an eligible county under paragraph (2), shall be eligible to receive a grant under section 3401 if such city or county or group of counties meets the requirements of subparagraph (B). (B) Requirements A city or county meets the requirements of this subparagraph if such city or county— (i) except as provided in subparagraph (C), has a population of not less than 50,000 residents; (ii) meets the requirements of paragraph (1)(A); (iii) submits an application under section 3404; (iv) establishes a planning council (for purposes of section 3402); and (v) establishes an administrative mechanism to allocate funds and services under the grant based on— (I) the number and rate of drug overdose deaths and nonfatal drug overdoses in the city or county; (II) the severity of need for substance use disorder treatment services in the city or county; and (III) the health and support personnel needs of the city or county. (C) Population exception A city or county or group of counties that does not meet the requirements of subparagraph (B)(i) may apply to the Secretary for a waiver of such requirement. Such application shall demonstrate— (i) that the needs of the population to be served are distinct or that addressing substance use in the service area would be best served by the formation of an independent council; and (ii) that the city or county or group of counties has the capacity to administer the funding received under this subtitle. (D) Minimum funding A city or county that meets the requirement of this paragraph and receives a grant under section 3401 shall be entitled to an amount of funding under the grant in an amount that is not less than the amount determined under section 3403(a) with respect to such city or county. (4) Independent city Independent cities that are not located within the territory of a county shall be treated as eligible counties for purposes of this subtitle. (5) Political subdivisions With respect to States that do not have a local county system of governance, the Secretary shall determine the local political subdivisions within such States that are eligible to receive a grant under section 3401 and such subdivisions shall be treated as eligible counties for purposes of this subtitle. (6) Determinations where there is a lack of data The Secretary shall establish eligibility and allocation criteria related to the prevalence of drug overdose deaths, the mortality rate from drug overdoses, and that provides an equivalent measure of need for funding for cities and counties for which the data described in paragraph (1)(A) or (2)(D)(i) is not available. (7) Data from tribal areas The Secretary, acting through the Indian Health Service, shall consult with Indian Tribes and confer with urban Indian organizations to establish eligibility and allocation criteria that provide an equivalent measure of need for Tribal and urban Indian areas for which the data described in paragraph (1)(A) or (2)(D)(i) are not available or do not apply. (8) Study Not later than 3 years after the date of enactment of this title, the Comptroller General shall conduct a study to determine whether the data utilized for purposes of paragraph (1)(A) provide the most precise measure of local area need related to substance use and addiction prevalence and whether additional data would provide more precise measures of substance use and addiction prevalence in local areas. Such study shall identify barriers to collecting or analyzing such data, and make recommendations for revising the indicators used under such paragraph to determine eligibility in order to direct funds to the local areas in most need of funding to provide assistance related to substance use and addiction. (9) Reference For purposes of this subtitle, the term eligible local area includes— (A) a city or county described in paragraph (1); (B) multiple contiguous counties described in paragraph (2); (C) cities or counties within multiple contiguous counties described in paragraph (3); (D) an independent city described in paragraph (4); and (E) a political subdivision described in paragraph (5). (c) Administration (1) In general Assistance made available under a grant awarded under this section shall be directed to the chief elected official of the eligible local area who shall administer the grant funds. (2) Multiple contiguous counties (A) In general Except as provided in subparagraph (B), in the case of an eligible county described in subsection (b)(2), assistance made available under a grant awarded under this section shall be directed to the chief elected official of the particular county designated in the application submitted for the grant under section 3404. Such chief elected official shall be the administrator of the grant. (B) State administration Notwithstanding subparagraph (A), the eligible county described in subsection (b)(2) may elect to designate the chief elected State official of the State in which the eligible county is located as the administrator of the grant funds. 3402. Planning council (a) Establishment To be eligible to receive a grant under section 3401, the chief elected official of the eligible local area shall establish or designate a substance use disorder treatment and services planning council that shall, to the maximum extent practicable— (1) be representative of the demographics of the population of individuals with substance use disorder in the area; and (2) include representatives of— (A) health care providers, including Federally-qualified health centers, rural health clinics, Indian health programs as defined in section 4 of the Indian Health Care Improvement Act, urban Indian organizations as defined in section 4 of the Indian Health Care Improvement Act, and facilities operated by the Department of Veterans Affairs; (B) Native Hawaiian organizations as defined in section 11 of the Native Hawaiian Health Care Act of 1988; (C) community-based health, harm reduction, or addiction service organizations, including, where applicable, representatives of Drug Free Communities Coalition grantees; (D) social service providers, including providers of housing and homelessness services and recovery residence providers; (E) mental health care providers; (F) local public health agencies; (G) individuals with substance use disorder and individuals who use drugs; (H) individuals in recovery from substance use disorders; (I) State governments, including the State Medicaid agency and the Single State Agency for Substance Abuse Services; (J) local governments; (K) non-elected community leaders; (L) substance use disorder treatment providers, including physician addiction specialists; (M) Indian tribes and tribal organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act; (N) Urban Indians as defined in section 4 of the Indian Health Care Improvement Act; (O) historically underserved groups and subpopulations; (P) individuals who were formerly incarcerated; (Q) organizations serving individuals who are currently incarcerated or in pre-trial detention or were formerly incarcerated; (R) Federal agencies; (S) organizations that provide drug prevention programs and services to youth at risk of substance use; (T) medical examiners or coroners; (U) labor unions and the workplace community; (V) local fire departments and emergency medical services; (W) the lesbian, gay, bisexual, transgender, queer (LGBTQ) community; and (X) certified or accredited addiction recovery community organizations. (b) Method of providing for council (1) In general In providing for a council for purposes of subsection (a), the chief elected official of the eligible local area may establish the council directly or designate an existing entity to serve as the council, subject to paragraph (2). (2) Consideration regarding designation of council In making a determination of whether to establish or designate a council under paragraph (1), the chief elected official shall give priority to the designation of an existing entity that has demonstrated experience in the provision of health and support services to individuals with substance use disorder within the eligible local area, that has a structure that recognizes the Federal trust responsibility when spending Federal health care dollars, and that has demonstrated a commitment to respecting the obligation of government agencies using Federal dollars to consult with Indian tribes and confer with urban Indian organizations. (3) Designation of existing entity If an existing entity is designated to serve as the council under this section, the membership of the entity shall comply with the requirements of subsection (a)(1) before it performs any of the duties set forth in subsection (e). (4) Joint council The Secretary shall establish a process to permit an eligible local area that is not contiguous with any other eligible local area to form a joint planning council with such other eligible local area or areas, as long as such areas are located in geographical proximity to each other, as determined by the Secretary, and submit a joint application under section 3404. (5) Joint council across State lines Eligible local areas may form a joint planning council with other eligible local areas across State lines if such areas are located in geographical proximity to each other, as determined by the Secretary, submit a joint application under section 3404, and establish intergovernmental agreements to allow the administration of the grant across State lines. (c) Membership Members of the planning council established or designated under subsection (a) shall— (1) be nominated and selected through an open process; (2) elect from among their membership a chair and vice chair; (3) include at least one representative from Indian tribes located within any eligible local area that receives funding under the grant program established in section 3401; (4) include at least 1 individual with a history of substance use disorder; (5) include at least 1 representative from a nonprofit substance use disorder service provider, at least 1 representative of an urban Indian organization, at least 1 physician addiction specialist, and at least 1 representative from an organization providing harm reduction services; (6) include at least 1 representative of a Native Hawaiian organization (as defined in section 11 of the Native Hawaiian Health Care Act of 1988) when the Native Hawaiian population exceeds 10 percent; and (7) serve not more than 3 consecutive years on the planning council. (d) Membership terms Members of the planning council established or designated under subsection (a) may serve additional terms if nominated and selected through the process established in subsection (c)(1). (e) Duties The planning council established or designated under subsection (a) shall— (1) establish priorities for the allocation of grant funds within the eligible local area that emphasize reducing drug use rates, overdose, substance use disorder, and health conditions associated with drug use such as human immunodeficiency virus, hepatitis B, and hepatitis C through evidence-based interventions in both community and criminal justice settings and that are based on— (A) the use by the grantee of substance use disorder prevention, intervention, treatment, and recovery strategies that comply with best practices identified by the Secretary; (B) the demonstrated or probable cost-effectiveness of proposed substance use disorder prevention, intervention, treatment, and recovery services; (C) the health priorities of the communities within the eligible local area that are affected by substance use; (D) the priorities and needs of individuals with substance use disorder; and (E) the availability of other governmental and non-governmental services; (2) ensure the use of grant funds will advance any existing State or local plan regarding the provision of substance use disorder treatment services to individuals with substance use disorder; (3) in the absence of a State or local plan, work with local public health agencies to develop a comprehensive plan for the organization and delivery of substance use disorder prevention and treatment services; (4) regularly assess the efficiency of the administrative mechanism in rapidly allocating funds to support evidence-based substance use disorder prevention and treatment services in the areas of greatest need within the eligible local area; (5) work with local public health agencies to determine the size and demographics of the population of individuals with substance use disorders and the types of substance use that are most prevalent in the eligible local area; (6) work with local public health agencies to determine the needs of such population, including the need for substance use disorder prevention, intervention, treatment, harm reduction, and recovery services; (7) work with local public agencies to determine the disparities in access to services among affected subpopulations and historically underserved communities, including infrastructure and capacity shortcomings of providers that contribute to these disparities; (8) work with local public agencies to establish methods for obtaining input on community needs and priorities, including by partnering with organizations that serve targeted communities experiencing high addictive substance-related health disparities to gather data using culturally attuned data collection methodologies; (9) coordinate with Federal grantees that provide substance use disorder prevention and treatment services within the eligible local area; and (10) annually assess the effectiveness of the substance use disorder prevention and treatment services being supported by the grant received by the eligible local area, including, to the extent possible— (A) reductions in the rates of substance use, overdose, and death from substance use; (B) rates of discontinuation from substance use disorder treatment services and rates of sustained recovery; (C) long-term outcomes among individuals receiving treatment for substance use disorders; and (D) the availability and use of substance use disorder treatment services needed by individuals with substance use disorders over their lifetimes. (f) Conflicts of interest (1) In general The planning council under subsection (a) may not be directly involved in the administration of a grant under section 3401. (2) Required agreements An individual may serve on the planning council under subsection (a) only if the individual agrees that if the individual has a financial interest in an entity, if the individual is an employee of a public or private entity, or if the individual is a member of a public or private organization, and such entity or organization is seeking amounts from a grant under section 3401, the individual will not, with respect to the purpose for which the entity seeks such amounts, participate (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose. (g) Grievance procedures A planning council under subsection (a) shall develop procedures for addressing grievances with respect to funding under this subtitle, including procedures for submitting grievances that cannot be resolved to binding arbitration. Such procedures shall be described in the by-laws of the planning council. (h) Public deliberations With respect to a planning council under subsection (a), in accordance with criteria established by the Secretary, the following applies: (1) The meetings of the council shall be open to the public and shall be held only after adequate notice to the public. (2) The records, reports, transcripts, minutes, agenda, or other documents which were made available to or prepared for or by the council shall be available for public inspection and copying at a single location. (3) Detailed minutes of each meeting of the council shall be kept. The accuracy of all minutes shall be certified to by the chair of the council. (4) This subparagraph does not apply to any disclosure of information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy, including any disclosure of medical information or personnel matters. (i) Neutrality towards organized labor (1) In general In carrying out duties under subsection (e), planning councils shall, to the extent practicable, prioritize the distribution of grant funds to grantees that have— (A) (i) a collective bargaining agreement; or (ii) an explicit policy not to deter employees with respect to— (I) labor organizing for the employees engaged in the covered activities; and (II) such employees’ choice to form and join labor organizations; and (B) policies that require— (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and (iii) the employer to voluntarily recognize a union in cases where a majority of such workers of the employer have joined and requested representation. (2) Limitation This subsection does not apply to Indian tribes. 3403. Amount of grant, use of amounts, and funding agreement (a) Amount of grant (1) Grants based on relative need of area (A) In general In carrying out this subtitle, the Secretary shall make a grant for each eligible local area for which an application under section 3404 has been approved. Each such grant shall be made in an amount determined in accordance with paragraph (3). (B) Expedited distribution Not later than 90 days after an appropriation becomes available to carry out this subtitle for a fiscal year, the Secretary shall disburse 53 percent of the amount made available under section 3406 for carrying out this subtitle for such fiscal year through grants to eligible local areas under section 3401, in accordance with subparagraphs (C) and (D). (C) Amount (i) In general Subject to the extent of amounts made available in appropriations Acts, a grant made for purposes of this subparagraph to an eligible local area shall be made in an amount equal to the product of— (I) an amount equal to the amount available for distribution under subparagraph (B) for the fiscal year involved; and (II) the percentage constituted by the ratio of the distribution factor for the eligible local area to the sum of the respective distribution factors for all eligible local areas, which product shall then, as applicable, be increased under subparagraph (D). (ii) Distribution factor For purposes of clause (i)(II), the term distribution factor means— (I) an amount equal to— (aa) the estimated number of drug overdose deaths in the eligible local area, as determined under clause (iii); or (bb) the estimated number of non-fatal drug overdoses in the eligible local area, as determined under clause (iv), as determined by the Secretary based on which distribution factor (item (aa) or (bb)) will result in the eligible local area receiving the greatest amount of funds; or (II) in the case of an eligible local area for which the data described in subclause (I) are not available, an amount determined by the Secretary— (aa) based on other data the Secretary determines appropriate; and (bb) that is related to the prevalence of non-fatal drug overdoses, drug overdose deaths, and the mortality rate from drug overdoses and provides an equivalent measure of need for funding. (iii) Number of drug overdose deaths The number of drug overdose deaths determined under this clause for an eligible county for a fiscal year for purposes of clause (ii) is the number of drug overdose deaths during the most recent 3-year period for which such data are available. (iv) Number of non-fatal drug overdoses The number of non-fatal drug overdose deaths determined under this clause for an eligible county for a fiscal year for purposes of clause (ii) may be determined by using data including emergency department syndromic data, visits, other emergency medical services for drug-related causes, or Overdose Detection Mapping Application Program (ODMAP) data during the most recent 3-year period for which such data are available. (v) Study Not later than 3 years after the date of enactment of this title, the Comptroller General shall conduct a study to determine whether the data utilized for purposes of clause (ii) provide the most precise measure of local area need related to substance use and addiction prevalence in local areas and whether additional data would provide more precise measures of substance use and addiction prevalence in local areas. Such study shall identify barriers to collecting or analyzing such data, and make recommendations for revising the distribution factors used under such clause to determine funding levels in order to direct funds to the local areas in most need of funding to provide substance use disorder treatment services. (vi) Reductions in amounts If a local area that is an eligible local area for a year loses such eligibility in a subsequent year based on the failure to meet the requirements of paragraph (1)(A) or (6) of section 3401(b), such area will remain eligible to receive— (I) for such subsequent year, an amount equal to 80 percent of the amount received under the grant in the previous year; and (II) for the second such subsequent year, an amount equal to 50 percent of the amount received in the previous year. (2) Supplemental grants (A) In general The Secretary shall disburse the remainder of amounts not disbursed under paragraph (1) for such fiscal year for the purpose of making grants to cities and counties whose application under section 3404— (i) contains a report concerning the dissemination of emergency relief funds under paragraph (1) and the plan for utilization of such funds, if applicable; (ii) demonstrates the need in such local area, on an objective and quantified basis, for supplemental financial assistance to combat substance use disorder; (iii) demonstrates the existing commitment of local resources of the area, both financial and in-kind, to preventing, treating, and managing substance use disorder and supporting sustained recovery; (iv) demonstrates the ability of the area to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective; (v) demonstrates that resources will be allocated in accordance with the local demographic incidence of substance use disorders and drug overdose mortality; (vi) demonstrates the inclusiveness of affected communities and individuals with substance use disorders, including those communities and individuals that are disproportionately affected or historically underserved; (vii) demonstrates the manner in which the proposed services are consistent with the local needs assessment and the State plan approved by the Secretary pursuant to section 1932(b); (viii) demonstrates success in identifying individuals with substance use disorders; and (ix) demonstrates that support for substance use disorder prevention and treatment services is organized to maximize the value to the population to be served with an appropriate mix of substance use disorder prevention and treatment services and attention to transition in care. (B) Amount (i) In general The amount of each grant made for purposes of this paragraph shall be determined by the Secretary. In making such determination, the Secretary shall consider— (I) the rate of drug overdose deaths per 100,000 population in the eligible local area; and (II) the increasing need for substance use disorder treatment services, including relative rates of increase in the number of drug overdoses or drug overdose deaths, or recent increases in drug overdoses or drug overdose deaths since data were provided under section 3401(b), if applicable. (ii) Demonstrated need The factors considered by the Secretary in determining whether a local area has a demonstrated need for purposes of clause (i)(II) may include any or all of the following: (I) The unmet need for substance use disorder treatment services, including factors identified in subparagraph (B)(i)(II). (II) Relative rates of increase in the number of drug overdoses or drug overdose deaths. (III) The relative rates of increase in the number of drug overdoses or drug overdose deaths within new or emerging subpopulations. (IV) The current prevalence of substance use disorders. (V) Relevant factors related to the cost and complexity of delivering substance use disorder treatment services to individuals in the eligible local area. (VI) The impact of co-morbid factors, including co-occurring conditions, determined relevant by the Secretary. (VII) The prevalence of homelessness among individuals with substance use disorders. (VIII) The relevant factors that limit access to health care, including geographic variation, adequacy of health insurance coverage, and language barriers. (IX) The impact of a decline in the amount received pursuant to paragraph (1) on substance use disorder treatment services available to all individuals with substance use disorders identified and eligible under this subtitle. (X) The increasing incidence in conditions related to substance use, including hepatitis C, human immunodeficiency virus, hepatitis B and other infections associated with injection drug use. (C) Application of provisions A local area that receives a grant under this paragraph— (i) shall use amounts received in accordance with subsection (b); (ii) shall not have to meet the eligible criteria in section 3401(b); and (iii) shall not have to establish a planning council under section 3402. (3) Amount of grant to tribal governments (A) Indian tribes In this section, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (B) Formula funds The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount available under section 3406 for each fiscal year to provide formula funds to Indian tribes disproportionately affected by substance use, in an amount determined pursuant to a formula and eligibility criteria developed by the Secretary in consultation with Indian tribes, for the purposes of addressing substance use. (C) Payment of funds At the option of an Indian tribe the Secretary shall pay funds under this section through a contract, cooperative agreement, or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act. (D) Use of amounts Notwithstanding any requirements in this section, an Indian tribe may use amounts provided under funds awarded under this paragraph for the uses identified in subsection (b) and any other activities determined appropriate by the Secretary, in consultation with Indian tribes. An Indian tribe shall not be required to allocate funds and services in accordance with the goals, priorities, or objectives established by a planning council under section 3402. (b) Use of amounts (1) Requirements The Secretary may not make a grant under section 3401 to an eligible local area unless the chief elected official of the area agrees that— (A) the allocation of funds and services within the area under the grant will be made in accordance with the priorities established by the planning council; and (B) funds provided under this grant will be expended for— (i) prevention services described in paragraph (3); (ii) core medical services described in paragraph (4); (iii) recovery and support services described in paragraph (5); (iv) early intervention services described in paragraph (6); (v) harm reduction services described in paragraph (7); (vi) financial assistance with health insurance described in paragraph (8); and (vii) administrative expenses described in paragraph (9). (2) Direct financial assistance (A) In general An eligible local area shall use amounts received under a grant under section 3401 to provide direct financial assistance to eligible entities or providers for the purpose of providing prevention services, core medical services, recovery and support services, early intervention services, and harm reduction services. (B) Appropriate entities Direct financial assistance may be provided under subparagraph (A) to public or nonprofit entities, other eligible Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid, or other private for-profit entities if such entities are the only available provider of quality substance use disorder treatment services in the area. (C) Limitation An eligible local area (not including tribal areas) may not provide direct financial assistance to any entity or provider that provides medication for addiction treatment if that entity or provider does not also offer mental health services or psychotherapy by licensed clinicians through a referral or onsite. (D) Neutrality towards organized labor (i) In general In carrying out duties under this section, eligible local areas shall, to the extent practicable, prioritize the distribution of grant funds to grantees that have— (I) (aa) a collective bargaining agreement; or (bb) an explicit policy not to deter employees with respect to— (AA) labor organizing for the employees engaged in the covered activities; and (BB) such employees’ choice to form and join labor organizations; and (II) policies that require— (aa) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (bb) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and (cc) the employer to voluntarily recognize a union in cases where a majority of such workers of the employer have joined and requested representation. (ii) Limitation This subsection does not apply to Indian tribes. (3) Prevention services (A) In general For purposes of this section, the term prevention services means evidence-based services, programs, or multi-sector strategies to prevent substance use disorder (including education campaigns, community-based prevention programs, risk identification programs, opioid diversion, collection and disposal of unused opioids, services to at-risk populations, and trauma support services). (B) Limit An eligible local area may use not to exceed 20 percent of the amount of the grant under section 3401 for prevention services. An eligible local area may apply to the Secretary for a waiver of this subparagraph. (4) Core medical services For purposes of this section, the term core medical services means the following evidence-based services provided to individuals with substance use disorder or at risk for developing substance use disorder, including through the use of telemedicine or a hub and spoke model: (A) Substance use disorder treatments, as more fully described in section 3439, including assessment of disease presence, severity, and co-occurring conditions, treatment planning, clinical stabilization services, withdrawal management and detoxification, intensive inpatient treatment, intensive outpatient treatment, outpatient treatment, residential inpatient services, treatment for co-occurring mental health and substance use disorders, and all drugs approved by the Food and Drug Administration for the treatment of substance use disorder. (B) Outpatient and ambulatory health services, including those administered by Federally-qualified health centers, rural health clinics, tribal clinics and hospitals, urban Indian organizations, certified community behavioral health clinics (as described in section 223 of the Protecting Access to Medicare Act), Native Hawaiian organizations (as defined in section 11 of the Native Hawaiian Health Care Act of 1988), and comprehensive opioid recovery centers (as described in section 552 of this Act). (C) Hospice services. (D) Mental health services. (E) Opioid overdose reversal drug products procurement, distribution, and training. (F) Pharmaceutical assistance and diagnostic testing related to the management of substance use disorders and co-morbid conditions. (G) Home- and community-based health services. (H) Comprehensive Case Management and care coordination, including substance use disorder treatment adherence services. (I) Health insurance enrollment and cost-sharing assistance in accordance with paragraph (8). (J) Programs that hire, employ, train, and dispatch licensed health care professionals, mental health professionals, harm reduction providers, or community health workers to respond in lieu of law enforcement officers in emergencies and that ensure a licensed health care professional is a member of the team that responds in lieu of law enforcement officers in emergencies in which— (i) an individual calling 911, the National Suicide Hotline, or another emergency hotlines states that a person is experiencing a drug overdose or is otherwise under the influence of a legal or illegal substance; or (ii) a law enforcement officer, other first responder, or other individual identifies a person as being (or possibly being) under the influence of a legal or illegal substance. (5) Recovery and support services For purposes of this section, the term recovery and support services means services that are provided to individuals with substance use disorder, including residential recovery housing, mental health services, long term recovery services, 24/7 hotline crisis center support, medical transportation services, respite care for persons caring for individuals with substance use disorder, child care and family services while an individual is receiving inpatient treatment services or at the time of outpatient services, outreach services, peer recovery services, nutrition services, and referrals for job training and career services, housing, legal services, and child care and family services. The entities through which such services may be provided include local and tribal authorities that provide child care, housing, community development, and other recovery and support services, so long as they do not exclude individuals on the basis that such individuals receive medication for addiction treatment. (6) Early intervention services For purposes of this section, the term early intervention services means services to provide screening and connection to the appropriate level of substance use disorder and mental health treatment (including same-day connection), counseling provided to individuals who have misused substances, who have experienced an overdose, or are at risk of developing substance use disorder, the provision of referrals to facilitate the access of such individuals to core medical services or recovery and support services for substance use disorder, and rapid access to medication for addiction treatment in the setting of recent overdose. The entities through which such services may be provided include emergency rooms, fire departments and emergency medical services, detention facilities, prisons and jails, homeless shelters, health care points of entry specified by eligible local areas, Federally-qualified health centers, workforce agencies and job centers, youth development centers, tribal clinics and hospitals, urban Indian organizations, and rural health clinics. (7) Harm reduction services For purposes of this section, the term harm reduction services means services provided to individuals engaging in substance use scientifically accepted to reduce the risk of infectious disease transmission, overdose, or death, including by increasing access to health care, housing, and recovery and support services, including syringe services programs. Such term includes evidence-based services. (8) Affordable health insurance coverage An eligible local area may use amounts provided under a grant awarded under section 3401 to establish a program of financial assistance to assist eligible individuals with substance use disorder in— (A) enrolling in health insurance coverage; or (B) affording health care services, including assistance paying cost-sharing amounts, including premiums. (9) Administration and planning An eligible local area (not including tribal areas) shall not use in excess of 15 percent of amounts received under a grant under section 3401 for administration, accounting, reporting, and program oversight functions, including the development of systems to improve data collection and data sharing, in the first year of receiving the grant, and shall not use in excess of 10 percent of amounts received under a grant under section 3401 for such activities in subsequent years. (10) Incarcerated individuals Amounts received under a grant under section 3401 may be used to provide substance use disorder treatment services, including medication for addiction treatment, to individuals who are currently incarcerated or in pre-trial detention. (c) Required terms (1) Requirement of status as medicaid provider (A) Provision of service Subject to subparagraph (B), the Secretary may not make a grant under section 3401 for the provision of substance use disorder treatment services under this section in an eligible local area unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State— (i) the political subdivision involved will provide the service directly, and the political subdivision has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (ii) the eligible local area involved— (I) will enter into agreements with public or nonprofit entities, or other Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid, under which such entities and other providers will provide the service, and such entities and other providers have entered into such a participation agreement and are qualified to receive such payments; and (II) demonstrates that it will ensure that such entities and other providers providing the service will seek payment for each such service rendered in accordance with the usual payment schedule under the State plan. (B) Waiver (i) In general In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of substance use disorder treatment services, the requirement established in such subparagraph shall be waived by the substance use planning council for the area involved if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. A waiver under this subparagraph shall not be longer than 2 years in duration and shall not be renewed. (ii) Determination A determination by the substance use planning council of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. (2) Required terms for expanding and improving care A funding agreement for a grant under this section shall— (A) ensure that funds received under the grant will not be utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service under a State compensation program, under an insurance policy, or under any Federal or State health benefits program (except for a program administered by, or providing the services of, the Indian Health Service); and (B) ensure that all entities providing substance use disorder treatment services with assistance made available under the grant offer all drugs approved by the Food and Drug Administration for the treatment of substance use disorder for which the applicant offers treatment, in accordance with section 3435. (3) Additional required terms A funding agreement for a grant under this section is that— (A) funds received under the grant will be utilized to supplement not supplant other Federal, State, or local funds made available in the year for which the grant is awarded to provide substance use disorder treatment services to individuals with substance use disorder, including funds for each of prevention services, core medical services, recovery and support services, early intervention services, harm reduction services, mental health services, and administrative expenses; (B) political subdivisions within the eligible local area will maintain the level of expenditures by such political subdivisions for substance use disorder treatment services at a level that is at least equal to the level of such expenditures by such political subdivisions for the preceding fiscal year, including expenditures for each of prevention services, core medical services, recovery and support services, early intervention services, harm reduction services, mental health services, and administrative expenses; (C) political subdivisions within the eligible local area will not use funds received under a grant awarded under section 3401 in maintaining the level of substance use disorder treatment services as required in subparagraph (B); (D) substance use disorder treatment services provided with assistance made available under the grant will be provided without regard— (i) to the ability of the individual to pay for such services; and (ii) to the current or past health condition of the individual to be served; (E) substance use disorder treatment services will be provided in a setting that is accessible to low-income individuals with substance use disorders and to individuals with substance use disorders residing in rural areas; (F) a program of outreach will be provided to low-income individuals with substance use disorders to inform such individuals of substance use disorder treatment services and to individuals with substance use disorders residing in rural areas; (G) Indian tribes are included in planning for the use of grant funds and the Federal trust responsibility is upheld at all levels of program administration; and (H) the confidentiality of individuals receiving substance use disorder treatment services will be maintained in a manner not inconsistent with applicable law. 3404. Application (a) Application To be eligible to receive a grant under section 3401, an eligible local area shall prepare and submit to the Secretary an application in such form, and containing such information, as the Secretary shall require, including— (1) a complete accounting of the disbursement of any prior grants received under this subtitle by the applicant and the results achieved by these expenditures and a demonstration that funds received from a grant under this subtitle in the prior year were expended in accordance with local priorities developed by the local planning council established under section 3402, except that the planning council requirement shall not apply with respect to areas receiving supplemental grant funds under section 3403(a)(2); (2) establishment of goals and objectives to be achieved with grant funds provided under this subtitle, including targets and milestones that are intended to be met, the activities that will be undertaken to achieve those targets, the number of individuals likely to be served by the funds sought, including demographic data on the populations to be served, and an explanation of how these goals and objectives advance the State plan approved by the Secretary pursuant to section 1932(b); (3) a demonstration that the local area will use funds in a manner that provides substance use disorder treatment services in compliance with the evidence-based standards developed in accordance with section 3435, including providing all drugs approved by the Food and Drug Administration for the treatment of substance use disorder; (4) a demonstration that resources provided under the grant will be allocated in accordance with the local demographic incidence of substance use, including allocations for services for children, youths, and women; (5) an explanation of how income, asset, and medical expense criteria will be established and applied to those who qualify for assistance under the program; (6) where practical, an explanation of how an eligible local area shall coordinate with local public health departments in the distribution of funding; and (7) for any prior funding received under this section, data provided in such form as the Secretary shall require detailing, at a minimum, the extent to which the activities supported by the funding met the goals and objectives specified in the application for the funding, the number of individuals who accessed medication for treatment by age, gender, sexual orientation, race, disability status, and other demographic criteria relevant to the program, and the effect of the program on overdose rates and rates of death due to overdose in the local area served by the program. (b) Requirements regarding imposition of charges for services (1) In general The Secretary may not make a grant under section 3401 to an eligible local area unless the eligible local area provides assurances that in the provision of substance use disorder treatment services with assistance provided under the grant— (A) in the case of individuals with an income less than or equal to 150 percent of the official poverty level, the provider will not impose charges on any such individual for the services provided under the grant; (B) in the case of individuals with an income greater than 150 percent of the official poverty level, the provider will impose a charge on each such individual according to a schedule of charges made available to the public; (C) in the case of individuals with an income greater than 150 percent of the official poverty level but not exceeding 200 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 2 percent of the annual gross income of the individual; (D) in the case of individuals with an income greater than 200 percent of the official poverty level but not exceeding 250 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 4 percent of the annual gross income of the individual involved; (E) in the case of individuals with an income greater than 250 percent of the official poverty level but not exceeding 300 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 6 percent of the annual gross income of the individual involved; (F) in the case of individuals with an income greater than 300 percent of the official poverty level but not exceeding 400 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 8.5 percent of the annual gross income of the individual involved; (G) in the case of individuals with an income greater than 400 percent of the official poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 8.5 percent of the annual gross income of the individual involved; and (H) in the case of eligible American Indian and Alaska Native individuals as defined by section 447.50 of title 42, Code of Federal Regulations (as in effect on July 1, 2010), the provider will not impose any charges for substance use disorder treatment services, including any charges or cost-sharing prohibited by section 1402(d) of the Patient Protection and Affordable Care Act. (2) Charges With respect to compliance with the assurances made under paragraph (1), an eligible local area may, in the case of individuals subject to a charge— (A) assess the amount of the charge in the discretion of the area, including imposing only a nominal charge for the provision of substance use disorder treatment services, subject to the provisions of the paragraph regarding public schedules and regarding limitations on the maximum amount of charges; and (B) take into consideration the total medical expenses of individuals in assessing the amount of the charge, subject to such provisions. (3) Aggregate charges The Secretary may not make a grant under section 3401 to an eligible local area unless the area agrees that the limitations on charges for substance use disorder treatment services under this subsection applies to the annual aggregate of charges imposed for such services, however the charges are characterized, includes enrollment fees, premiums, deductibles, cost sharing, co-payments, co-insurance costs, or any other charges. (c) Indian tribes Any application requirements for grants distributed in accordance with section 3403(a)(3) shall be developed by the Secretary in consultation with Indian tribes. 3405. Technical assistance The Secretary shall, beginning on the date of enactment of this title, provide technical assistance, including assistance from other grantees, contractors or subcontractors under this title to assist newly eligible local areas in the establishment of planning councils and, to assist entities in complying with the requirements of this subtitle in order to make such areas eligible to receive a grant under this subtitle. The Secretary may make planning grants available to eligible local areas, in an amount not to exceed $75,000, for any area that is projected to be eligible for funding under section 3401 in the following fiscal year. Such grant amounts shall be deducted from the first year formula award to eligible local areas accepting such grants. 3406. Authorization of appropriations There is authorized to be appropriated to carry out this subtitle— (1) $3,300,000,000 for fiscal year 2022; (2) $3,300,000,000 for fiscal year 2023; (3) $3,300,000,000 for fiscal year 2024; (4) $3,300,000,000 for fiscal year 2025; (5) $3,300,000,000 for fiscal year 2026; (6) $3,300,000,000 for fiscal year 2027; (7) $3,300,000,000 for fiscal year 2028; (8) $3,300,000,000 for fiscal year 2029; (9) $3,300,000,000 for fiscal year 2030; and (10) $3,300,000,000 for fiscal year 2031. B State and tribal substance use disorder prevention and intervention grant program 3411. Establishment of program of grants The Secretary shall award grants to States, territories, and tribal governments for the purpose of addressing substance use within such States. 3412. Amount of grant, use of amounts, and funding agreement (a) Amount of grant to States and territories (1) In general (A) Expedited distribution Not later than 90 days after an appropriation becomes available, the Secretary shall disburse 50 percent of the amount made available under section 3415 for carrying out this subtitle for such fiscal year through grants to States under section 3411, in accordance with subparagraphs (B) and (C). (B) Minimum allotment Subject to the amount made available under section 3415, the amount of a grant under section 3411 for— (i) each of the 50 States, the District of Columbia, and Puerto Rico for a fiscal year shall be the greater of— (I) $2,000,000; or (II) an amount determined under the subparagraph (C); and (ii) each territory other than Puerto Rico for a fiscal year shall be the greater of— (I) $500,000; or (II) an amount determined under the subparagraph (C). (C) Determination (i) Formula For purposes of subparagraph (B), the amount referred to in this subparagraph for a State (including a territory) for a fiscal year is— (I) an amount equal to the amount made available under section 3415 for the fiscal year involved for grants pursuant to subparagraph (B); and (II) the percentage constituted by the sum of— (aa) the product of 0.85 and the ratio of the State distribution factor for the State or territory to the sum of the respective distribution factors for all States; and (bb) the product of 0.15 and the ratio of the non-local distribution factor for the State or territory (as determined under clause (iv)) to the sum of the respective non-local distribution factors for all States or territories. (ii) State distribution factor For purposes of clause (i)(II)(aa), the term State distribution factor means an amount equal to— (I) the estimated number of drug overdose deaths in the State, as determined under clause (iii); or (II) the number of non-fatal drug overdoses in the State, as determined under clause (iv), as determined by the Secretary based on which distribution factor (subclause (I) or (II)) will result in the State receiving the greatest amount of funds. (iii) Number of drug overdoses For purposes of clause (ii), the number of drug overdose deaths determined under this clause for a State for a fiscal year is the number of drug overdose deaths during the most recent 3-year period for which such data are available. (iv) Number of non-fatal drug overdoses The number of non-fatal drug overdose deaths determined under this clause for a State for a fiscal year for purposes of clause (ii) may be determined by using data including emergency department syndromic data, visits, other emergency medical services for drug-related causes, or Overdose Detection Mapping Application Program (ODMAP) data during the most recent 3-year period for which such data are available. (v) Non-local distribution factors For purposes of clause (i)(II)(bb), the term non-local distribution factor means an amount equal to the sum of— (I) the number of drug overdose deaths in the State involved, as determined under clause (iii), or the number of non-fatal drug overdoses in the State, based on the criteria used by the State under clause (ii); less (II) the total number of drug overdose deaths or non-fatal drug overdoses that are within areas in such State or territory that are eligible counties under section 3401. (vi) Study Not later than 3 years after the date of enactment of this title, the Comptroller General shall conduct a study to determine whether the data utilized for purposes of clause (ii) provide the most precise measure of State need related to substance use and addiction prevalence and whether additional data would provide more precise measures the levels of substance use and addiction prevalent in States. Such study shall identify barriers to collecting or analyzing such data, and make recommendations for revising the distribution factors used under such clause to determine funding levels in order to direct funds to the States in most need of funding to provide substance use disorder treatment services. (2) Supplemental grants (A) In general Subject to subparagraph (C), the Secretary shall disburse the remainder of amounts not disbursed under paragraph (1) for such fiscal year for the purpose of making grants to States whose application— (i) contains a report concerning the dissemination of emergency relief funds under paragraph (1) and the plan for utilization of such funds, if applicable; (ii) demonstrates the need in such State, on an objective and quantified basis, for supplemental financial assistance to combat substance use disorder; (iii) demonstrates the existing commitment of local resources of the State, both financial and in-kind, to preventing, treating, and managing substance use disorder and supporting sustained recovery; (iv) demonstrates the ability of the State to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective; (v) demonstrates that resources will be allocated in accordance with the local demographic incidence of substances use disorders and drug overdose mortality; (vi) demonstrates the inclusiveness of affected communities and individuals with substance use disorders, including those communities and individuals that are disproportionately affected or historically underserved; (vii) demonstrates the manner in which the proposed services are consistent with the local needs assessment and the State plan approved by the Secretary pursuant to section 1932(b); (viii) demonstrates success in identifying individuals with substance use disorders; and (ix) demonstrates that support for substance use disorder prevention and treatment services is organized to maximize the value to the population to be served with an appropriate mix of substance use disorder treatment services and attention to transition in care. (B) Amount (i) In general The amount of each grant made for purposes of this paragraph shall be determined by the Secretary. In making such determination, the Secretary shall consider— (I) the rate of drug overdose deaths per 100,000 population in the State; and (II) the increasing need for substance use disorder treatment services, including relative rates of increase in the number of drug overdoses or drug overdose deaths, or recent increases in drug overdoses or drug overdose deaths since the data were reported under section 3413, if applicable. (ii) Demonstrated need The factors considered by the Secretary in determining whether a State has a demonstrated need for purposes of subparagraph (A)(ii) may include any or all of the following: (I) The unmet need for such services, including the factors identified in clause (i)(II). (II) Relative rates of increase in the number of drug overdoses or drug overdose deaths. (III) The relative rates of increase in the number of drug overdoses or drug overdose deaths within new or emerging subpopulations. (IV) The current prevalence of substance use disorders. (V) Relevant factors related to the cost and complexity of delivering substance use disorder treatment services to individuals in the State. (VI) The impact of co-morbid factors, including co-occurring conditions, determined relevant by the Secretary. (VII) The prevalence of homelessness among individuals with substance use disorder. (VIII) The relevant factors that limit access to health care, including geographic variation, adequacy of health insurance coverage, and language barriers. (IX) The impact of a decline in the amount received pursuant to paragraph (1) on substance use disorder treatment services available to all individuals with substance use disorders identified and eligible under this subtitle. (X) The increasing incidence in conditions related to substance use, including hepatitis C, human immunodeficiency virus, hepatitis B and other infections associated with injection drug use. (C) Model standards (i) Preference In determining whether a State will receive funds under this paragraph, except as provided in clause (ii), the Secretary shall give preference to States that have adopted the model standards for each substance use disorder treatment service and recovery residence developed in accordance with subsections (a) and (b) of section 3435. (ii) Requirement Effective beginning in fiscal year 2024, the Secretary shall not award a grant under this paragraph to a State unless that State has adopted the model standards for each of substance use disorder treatment services and recovery residences developed in accordance with subsections (a) and (b) of section 3435. (D) Continuum of care (i) Preference In determining whether a State will receive funds under this paragraph, except as provided in clause (ii), the Secretary shall give preference to States that have carried out the requirements to ensure a continuum of services in accordance with section 3435(d). (ii) Requirement Effective beginning in fiscal year 2024, the Secretary shall not award a grant under this paragraph to a State unless that State has carried out the requirements to ensure a continuum of services in accordance with section 3435(d). (E) Utilization management for medication for addiction treatment (i) Preference In determining whether a State will receive funds under this paragraph, the Secretary shall give preference to States that have prohibited prior authorization and step therapy requirements for at least 1 drug in each class approved by the Food and Drug Administration for the treatment of substance use disorder. (ii) Additional preferences Additional preference shall be given to States that have prohibited prior authorization and step therapy requirements for 2 or more drugs in each class approved by the Food and Drug Administration for the treatment of substance use disorder. (iii) Definitions In this subparagraph: (I) Prior authorization The term prior authorization means the process by which a health insurance issuer or pharmacy benefit management company determines the medical necessity of otherwise covered health care services prior to the rendering of such health care services. Such term includes any health insurance issuer’s or utilization review entity’s requirement that a subscriber or health care provider notify the issuer or entity prior to providing a health care service. (II) Step therapy The term step therapy means a protocol or program that establishes the specific sequence in which prescription drugs for a medical condition that are medically appropriate for a particular patient are authorized by a health insurance issuer or prescription drug management company. (3) Amount of grant to tribal governments (A) Indian tribes In this section, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (B) Formula funds The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount available under section 3415 for each fiscal year to provide formula funds to Indian tribes in an amount determined pursuant to a formula and eligibility criteria developed by the Secretary in consultation with Indian tribes, for the purposes of addressing substance use. (C) Payment of funds At the option of an Indian tribe the Secretary shall pay funds under this section through a contract, cooperative agreement, or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act. (D) Use of amounts Notwithstanding any requirements in this section, an Indian tribe may use amounts provided under funds awarded under this paragraph for the uses identified in subsection (b) and any other activities determined appropriate by the Secretary, in consultation with Indian tribes. (b) Use of amounts (1) In general A State or tribe may use amounts provided under grants awarded under section 3411 for— (A) prevention services described in paragraph (3); (B) core medical services described in paragraph (4); (C) recovery and support services described in paragraph (5); (D) early intervention services described in paragraph (6); (E) harm reduction services described in paragraph (7); (F) financial assistance with health insurance as described in paragraph (8); and (G) administrative expenses described in paragraph (9). (2) Direct financial assistance (A) In general A State or tribe may use amounts received under a grant under section 3411 to provide direct financial assistance to eligible entities or other eligible Medicaid providers for the purpose of providing prevention services, core medical services, recovery and support services, early intervention services, and harm reduction services. (B) Appropriate entities Direct financial assistance may be provided under subparagraph (A) to public or nonprofit entities, other Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid, or other private for-profit entities if such entities are the only available provider of quality substance use disorder treatment services in the area. (C) Limitation A State may not provide direct financial assistance to any entity or provider that provides medication for addiction treatment if that entity or provider does not also offer mental health services or psychotherapy by licensed clinicians through a referral or onsite. (D) Neutrality towards organized labor (i) In general In carrying out duties under this section, States shall, to the extent practicable, prioritize the distribution of grant funds to grantees that have— (I) (aa) a collective bargaining agreement; or (bb) an explicit policy not to deter employees with respect to— (AA) labor organizing for the employees engaged in the covered activities; and (BB) such employees’ choice to form and join labor organizations; and (II) policies that require— (aa) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (bb) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and (cc) the employer to voluntarily recognize a union in cases where a majority of such workers of the employer have joined and requested representation. (ii) Limitation This subsection does not apply to Indian tribes. (3) Prevention services (A) In general For purposes of this section, the term prevention services means evidence-based services, programs, or multi-sector strategies to prevent substance use disorder (including education campaigns, community-based prevention programs, risk-identification programs, opioid diversion, collection and disposal of unused opioids, services to at-risk populations, and trauma support services). (B) Limit A State may use not to exceed 20 percent of the amount of the grant under section 3411 for prevention services. A State may apply to the Secretary for a waiver of this subparagraph. (4) Core medical services For purposes of this section, the term core medical services means the following evidence-based services when provided to individuals with substance use disorder or at risk for developing substance use disorder, including through the use of telemedicine or a hub and spoke model: (A) Substance use disorder treatment, as described in section 3439(4), including assessment of disease presence, severity, and co-occurring conditions, treatment planning, clinical stabilization services, withdrawal management and detoxification, intensive inpatient treatment, intensive outpatient treatment, outpatient treatment, residential inpatient services, treatment for co-occurring mental health and substance use disorders, and all drugs approved by the Food and Drug Administration for the treatment of substance use disorder. (B) Outpatient and ambulatory health services, including those administered by Federally-qualified health centers, rural health clinics, tribal clinics and hospitals, urban Indian organizations, certified community behavioral health clinics (as described in section 223 of the Protecting Access to Medicare Act), and comprehensive opioid recovery centers (as described in section 552 of this Act). (C) Hospice services. (D) Mental health services. (E) Opioid overdose reversal drug products procurement, distribution, and training. (F) Pharmaceutical assistance related to the management of substance-use disorders and co-morbid conditions. (G) Home- and community-based health services. (H) Comprehensive Case Management and care coordination, including substance use disorder treatment adherence services. (I) Health insurance enrollment and cost-sharing assistance in accordance with paragraph (8). (J) Programs that hire, employ, train, and dispatch licensed health care professionals, mental health professionals, harm reduction providers, or community health workers to respond in lieu of law enforcement officers in emergencies and that ensure a licensed health care professional is a member of the team that responds in lieu of law enforcement officers in emergencies in which— (i) an individual calling 911, the National Suicide Hotline, or another emergency hotlines states that a person is experiencing a drug overdose or is otherwise under the influence of a legal or illegal substance; or (ii) a law enforcement officer, other first responder, or other individual identifies a person as being (or possibly being) under the influence of a legal or illegal substance. (5) Recovery and support services For purposes of this section, the term recovery and support services means services including residential recovery housing, mental health services, long term recovery services, 24/7 hotline crisis center services, medical transportation services, respite care for persons caring for individuals with substance use disorder, child care and family services while an individual is receiving inpatient treatment services or at the time of outpatient services, outreach services, peer recovery services, nutrition services, and referrals for job training and career services, housing, legal services, and child care and family services. The entities through which such services may be provided include State, local, and tribal authorities that provide child care, housing, community development, and other recovery and support services, so long as they do not exclude individuals on the basis that such individuals receive medication for addiction treatment. (6) Early intervention services For purposes of this section, the term early intervention services means services to provide screening and connection to the appropriate level of substance use disorder and mental health treatment (including same-day connection), counseling provided to individuals who have misused substances, who have experienced an overdose, or are at risk of developing substance use disorder, the provision of referrals to facilitate the access of such individuals to core medical services or recovery and support services for substance use disorder, and rapid access to medication for addiction treatment in the setting of recent overdose. The entities through which such services may be provided include emergency rooms, fire departments and emergency medical services, detention facilities, prisons and jails, homeless shelters, health care points of entry specified by eligible local areas, Federally-qualified health centers, workforce agencies and job centers, youth development centers, tribal clinics and hospitals, urban Indian organizations, and rural health clinics. (7) Harm reduction services For purposes of this section, the term harm reduction services means services provided to individuals engaging in substance use scientifically accepted to reduce the risk of infectious disease transmission, overdose, or death, including by increasing access to health care, housing, recovery, and support services, including syringe services programs. Such term includes evidence-based services. (8) Affordable health insurance coverage A State may use amounts provided under a grant awarded under section 3411 to establish a program of financial assistance to assist eligible individuals with substance use disorder in— (A) enrolling in health insurance coverage; or (B) affording health care services, including assistance paying cost-sharing amounts, including premiums. (9) Administration and planning A State shall not use in excess of 10 percent of amounts received under a grant under section 3411 for administration, accounting, reporting, and program oversight functions, including the development of systems to improve data collection and data sharing. (10) Incarcerated individuals Amounts received under a grant under section 3411 may be used to provide substance use disorder treatment services, including medication for addiction treatment, to individuals who are currently incarcerated or in pre-trial detention. (c) Required terms (1) Requirement of status as medicaid provider (A) Provision of service Subject to subparagraph (B), the Secretary may not make a grant under section 3411 for the provision of substance use disorder treatment services under this section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State— (i) (I) the State will enter into an agreement with a political subdivision, under which the political subdivision will provide the service directly, and the political subdivision has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (II) the State will enter into agreements with public or nonprofit entities, or other Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid, under which such entities and other providers will provide the service, and such entities and other providers have entered into such a participation agreement and are qualified to receive such payments; and (III) the State ensures the political subdivision under clause (i)(I) or the public or nonprofit private entities and other providers under clause (i)(II) will seek payment for each such service rendered in accordance with the usual payment schedule under the State plan. (B) Waiver (i) In general In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of substance use disorder treatment services, the requirement established in such subparagraph shall be waived by the State if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. A waiver under this subparagraph shall not be longer than 2 years in duration and shall not be renewed. (ii) Determination A determination by the State of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. (2) Required terms for expanding and improving care A funding agreement for a grant under this section shall— (A) ensure that funds received under the grant will not be utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service under a State compensation program, under an insurance policy, or under any Federal or State health benefits program (except for a program administered by, or providing the services of, the Indian Health Service); and (B) ensure that all entities providing substance use disorder treatment services with assistance made available under the grant shall offer all drugs approved by the Food and Drug Administration for the treatment of substance use disorder for which the applicant offers treatment, in accordance with section 3435. (3) Additional required terms A funding agreement for a grant under this section is that— (A) funds received under the grant will be utilized to supplement not supplant other Federal, State, or local funds made available in the year for which the grant is awarded to provide substance use disorder treatment services to individuals with substance use disorder, including funds for each of prevention services, core medical services, recovery and support services, early intervention services, harm reduction services, mental health services, and administrative expenses; (B) political subdivisions within the State will maintain the level of expenditures by such political subdivisions for substance use disorder treatment services at a level that is at least equal to the level of such expenditures by such political subdivisions for the preceding fiscal year including expenditures for each of prevention services, core medical services, recovery and support services, early intervention services, harm reduction services, mental health services, and administrative expenses; (C) political subdivisions within the State will not use funds received under a grant awarded under section 3411 in maintaining the level of substance use disorder treatment services as required in subparagraph (B); (D) substance use disorder treatment services provided with assistance made available under the grant will be provided without regard— (i) to the ability of the individual to pay for such services; and (ii) to the current or past health condition of the individual to be served; (E) substance use disorder treatment services will be provided in a setting that is accessible to low-income individuals with substance use disorders and to individuals with substance use disorders residing in rural areas; (F) a program of outreach will be provided to low-income individuals with substance use disorders to inform such individuals of substance use disorder treatment services and to individuals with substance use disorders residing in rural areas; (G) Indian tribes are included in planning for the use of grant funds and the Federal trust responsibility is upheld at all levels of program administration; and (H) the confidentiality of individuals receiving substance use disorder treatment services will be maintained in a manner not inconsistent with applicable law. 3413. Application (a) Application To be eligible to receive a grant under section 3411, a State shall have in effect a State plan approved by the Secretary pursuant to section 1932(b), and shall prepare and submit to the Secretary an application in such form, and containing such information, as the Secretary shall require, including— (1) a complete accounting of the disbursement of any prior grants received under this subtitle by the applicant and the results achieved by these expenditures and a demonstration that funds received from a grant under this subtitle in the prior year were expended in accordance with State priorities; (2) establishment of goals and objectives to be achieved with grant funds provided under this subtitle, including targets and milestones that are intended to be met, the activities that will be undertaken to achieve those targets, and the number of individuals likely to be served by the funds sought, including demographic data on the populations to be served; (3) a demonstration that the State will use funds in a manner that provides substance use disorder treatment services in compliance with the evidence-based standards developed in accordance with section 3435, including all drugs approved by the Food and Drug Administration for the treatment of substance use disorder; (4) a demonstration that resources provided under the grant will be allocated in accordance with the local demographic incidence of substance use, including allocations for services for children, youths, and women; (5) an explanation of how income, asset, and medical expense criteria will be established and applied to those who qualify for assistance under the program; and (6) for any prior funding received under this section, data provided in such form as the Secretary shall require detailing, at a minimum, the extent to which the activities supported by the funding met the goals and objectives specified in the application for the funding, the number of individuals who accessed medication for addiction treatment by age, gender, sexual orientation, race, disability status, and other demographic criteria relevant to the program, and the effect of the program on overdose rates and rates of death due to overdose in the region served by the program. (b) Requirements regarding imposition of charges for services (1) In general The Secretary may not make a grant under section 3411 to a State unless the State provides assurances that in the provision of services with assistance provided under the grant— (A) in the case of individuals with an income less than or equal to 150 percent of the official poverty level, the provider will not impose charges on any such individual for the services provided under the grant; (B) in the case of individuals with an income greater than 150 percent of the official poverty level, the provider will impose a charge on each such individual according to a schedule of charges made available to the public; (C) in the case of individuals with an income greater than 150 percent of the official poverty level but not exceeding 200 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 2 percent of the annual gross income of the individual; (D) in the case of individuals with an income greater than 200 percent of the official poverty level but not exceeding 250 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 4 percent of the annual gross income of the individual involved; (E) in the case of individuals with an income greater than 250 percent of the official poverty level but not exceeding 300 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 6 percent of the annual gross income of the individual involved; (F) in the case of individuals with an income greater than 300 percent of the official poverty level but not exceeding 400 percent of such poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 8.5 percent of the annual gross income of the individual involved; (G) in the case of individuals with an income greater than 400 percent of the official poverty level, the provider will not, for any calendar year, impose charges in an amount exceeding 8.5 percent of the annual gross income of the individual involved; and (H) in the case of eligible American Indian and Alaska Native and urban Indian individuals as defined by section 447.50 of title 42, Code of Federal Regulations (as in effect on July 1, 2010), the provider will not impose any charges for substance use disorder treatment services, including any charges or cost-sharing prohibited by section 1402(d) of the Patient Protection and Affordable Care Act. (2) Charges With respect to compliance with the assurances made under paragraph (1), a State may, in the case of individuals subject to a charge— (A) assess the amount of the charge in the discretion of the State, including imposing only a nominal charge for the provision of services, subject to the provisions of the paragraph regarding public schedules and regarding limitations on the maximum amount of charges; and (B) take into consideration the total medical expenses of individuals in assessing the amount of the charge, subject to such provisions. (3) Aggregate charges The Secretary may not make a grant under section 3411 to a State unless the State agrees that the limitations on charges for substance use disorder treatment services under this subsection applies to the annual aggregate of charges imposed for such services, however the charges are characterized, includes enrollment fees, premiums, deductibles, cost sharing, co-payments, co-insurance costs, or any other charges. (c) Indian tribes Any application requirements applying to grants distributed in accordance with section 3412(b) shall be developed by the Secretary in consultation with Indian tribes. 3414. Technical assistance The Secretary shall, directly or through grants or contracts, provide technical assistance in administering and coordinating the activities authorized under section 3412, including technical assistance for the development of State applications for supplementary grants authorized in section 3412(a)(2). 3415. Authorization of appropriations There is authorized to be appropriated to carry out this subtitle— (1) $4,600,000,000 for fiscal year 2022; (2) $4,600,000,000 for fiscal year 2023; (3) $4,600,000,000 for fiscal year 2024; (4) $4,600,000,000 for fiscal year 2025; (5) $4,600,000,000 for fiscal year 2026; (6) $4,600,000,000 for fiscal year 2027; (7) $4,600,000,000 for fiscal year 2028; (8) $4,600,000,000 for fiscal year 2029; (9) $4,600,000,000 for fiscal year 2030; and (10) $4,600,000,000 for fiscal year 2031. C Other grant program 3421. Establishment of grant program (a) Grants (1) In general The Secretary shall award grants to public entities, nonprofit entities, Indian entities, and other eligible Medicaid providers for the purpose of funding prevention services, core medical services, recovery and support services, early intervention services, harm reduction services, and administrative expenses in accordance with this section. (2) Prioritization (A) In general In awarding grants under this section, the Secretary shall, to the extent practicable, prioritize the distribution of grant funds to grantees that have— (i) an explicit policy not to deter employees with respect to— (I) labor organizing for the employees engaged in the covered activities; and (II) such employees’ choice to form and join labor organizations; or (ii) policies that require— (I) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (II) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and (III) the employer to voluntarily recognize a union in cases where such workers of the employer have joined and requested representation. (B) Exception This paragraph shall not apply to Indian tribes. (b) Eligibility (1) Entities Public entities, nonprofit entities, urban Indian organizations, and other Medicaid providers eligible to receive a grant under subsection (a) may include— (A) Federally-qualified health centers under section 1905(l)(2)(B) of the Social Security Act; (B) family planning clinics; (C) rural health clinics; (D) Indian entities, including Indian health programs as defined in section 4 of the Indian Health Care Improvement Act, urban Indian organizations as defined in section 4 of the Indian Health Care Improvement Act, and Native Hawaiian organizations as defined in section 11 of the Native Hawaiian Health Care Act of 1988; (E) community-based organizations, clinics, hospitals, and other health facilities that provide substance use disorder treatment services; (F) other nonprofit entities that provide substance use disorder treatment services; (G) certified community behavioral health clinics and certified community behavioral health clinic expansion grant recipients, under section 223 of the Protecting Access to Medicare Act ( 42 U.S.C. 1396a note); and (H) other Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid. (2) Underserved populations Entities described in paragraph (1) shall serve underserved populations which may include— (A) minority populations and Indian populations; (B) formerly incarcerated individuals; (C) individuals with comorbidities including human immunodeficiency virus, hepatitis B, hepatitis C, mental health disorder or other behavioral health disorders; (D) low-income populations; (E) people with disabilities; (F) urban populations; (G) rural populations; (H) the lesbian, gay, bisexual, transgender, queer (LGBTQ) community; and (I) pregnant individuals with, or at risk of developing, substance use disorder and infants with neonatal abstinence syndrome. (3) Application To be eligible to receive a grant under this section, public entities, nonprofit entities, and other Medicaid providers described in this subsection shall prepare and submit to the Secretary an application in such form, and containing such information, as the Secretary shall require, including— (A) a complete accounting of the disbursement of any prior grants received under this subtitle by the applicant and the results achieved by these expenditures; (B) a comprehensive plan for the use of the grant, including— (i) a demonstration of the extent of local need for the funds sought; (ii) a plan for providing substance use disorder treatment services that is consistent with local needs; and (iii) goals and objectives to be achieved with grant funds provided under this section, including targets and milestones that are intended to be met and a description of the activities that will be undertaken to achieve those targets; (C) a demonstration that the grantee will use funds in a manner that provides substance use disorder treatment services compliant with the evidence-based standards developed in accordance with section 3435, including all drugs approved by the Food and Drug Administration for the treatment of substance use disorder for which the applicant offers treatment, in accordance with section 3435(c); (D) information on the number of individuals to be served by the funds sought, including demographic data on the populations to be served; (E) a demonstration that resources provided under the grant will be allocated in accordance with the local demographic incidence of substance use, including allocations for services for children, youths, and women; (F) an explanation of how income, asset, and medical expense criteria will be established and applied to those who qualify for assistance under the program; and (G) for any prior funding received under this section, data provided in such form as the Secretary shall require detailing, at a minimum, the extent to which the activities supported by the funding met the goals and objectives specified in the application for the funding, the number of individuals who accessed medication for addiction treatment by age, gender, race, sexual orientation, disability status, and other demographic criteria relevant to the program, and the effect of the program on overdose rates and rates of death due to overdose in the region served by the program. (4) Requirement of status as medicaid provider (A) Provision of service Subject to subparagraph (B), the Secretary may not make a grant under this section for the provision of substance use disorder treatment services under this section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State— (i) (I) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (II) the applicant for the grant will enter into an agreement with public or nonprofit entities, Indian entities, or other Medicaid providers if more than half of their patients are diagnosed with a substance use disorder and covered by Medicaid, under which such entities and other providers will provide the substance use disorder treatment service, and such entities and other providers have entered into such a participation agreement and are qualified to receive such payments; and (ii) the applicant ensures that payment will be sought for each such service rendered in accordance with the usual payment schedule under the State plan. (B) Waiver In the case of an entity making an agreement pursuant to subparagraph (A) regarding the provision of substance use disorder treatment services, the requirement established in such paragraph shall be waived by the State if the entity does not, in providing such services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. A waiver under this subparagraph shall not be longer than 2 years in duration and shall not be renewed. (C) Determination A determination by the State of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. (5) Required terms for expanding and improving care A funding agreement for a grant under this section is that— (A) funds received under the grant will not be utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service under a State compensation program, under an insurance policy, or under any Federal or State health benefits program (except for a program administered by, or providing the services of, the Indian Health Service); (B) entities providing substance use disorder treatment services with assistance made available under the grant shall offer all drugs approved by the Food and Drug Administration for the treatment of substance use disorder for which the applicant offers treatment, in accordance with section 3435(c); (C) substance use disorder treatment services provided with assistance made available under the grant will be provided without regard— (i) to the ability of the individual to pay for such services; and (ii) to the current or past health condition of the individual to be served; (D) substance use disorder treatment services will be provided in a setting that is accessible to low-income individuals with substance use disorders and to individuals with substance use disorders residing in rural areas; and (E) the confidentiality of individuals receiving substance use disorder treatment services will be maintained in a manner not inconsistent with applicable law. (c) Amount of grant to Indian entities (1) Indian Tribes In this section, the term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (2) Formula grants The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount available under section 3425 for each fiscal year to provide grants to Indian entities in an amount determined pursuant to criteria developed by the Secretary in consultation with Indian Tribes and after conferring with urban Indian organizations, for the purposes of addressing substance use. (3) Use of amounts Notwithstanding any requirements in this section, Native entities may use amounts provided under grants awarded under this section for the uses identified in section 3422 and any other activities determined appropriate by the Secretary, in consultation with Indian Tribes. 3422. Use of amounts (a) Use of funds An entity shall use amounts received under a grant under section 3421 to provide direct financial assistance to eligible entities for the purpose of delivering or enhancing— (1) prevention services described in subsection (b); (2) core medical services described in subsection (c); (3) recovery and support services described in subsection (d); (4) early intervention and engagement services described in subsection (e); (5) harm reduction services described in subsection (f); and (6) administrative expenses described in subsection (g). (b) Prevention services For purposes of this section, the term prevention services means evidence-based services, programs, or multi-sector strategies to prevent substance use disorder (including education campaigns, community-based prevention programs, risk identification programs, opioid diversion, collection and disposal of unused opioids, services to at-risk populations, and trauma support services). (c) Core medical services For purposes of this section, the term core medical services means the following evidence-based services provided to individuals with substance use disorder or at risk for developing substance use disorder, including through the use of telemedicine or a hub and spoke model: (1) Substance use disorder treatment, as more fully described in section 3439(4), including assessment of disease presence, severity, and co-occurring conditions, treatment planning, clinical stabilization services, withdrawal management and detoxification, intensive inpatient treatment, intensive outpatient treatment, outpatient treatment, residential inpatient services, treatment for co-occurring mental health and substance use disorders, and all drugs approved by the Food and Drug Administration for the treatment of substance use disorder. (2) Outpatient and ambulatory health services, including those administered by Federally-qualified health centers, rural health clinics, tribal clinics and hospitals, urban Indian organizations, certified community behavioral health clinics (as described in section 223 of the Protecting Access to Medicare Act), and comprehensive opioid recovery centers (as described in section 552 of this Act). (3) Hospice services. (4) Mental health services. (5) Opioid overdose reversal drug products procurement, distribution, and training. (6) Pharmaceutical assistance related to the management of substance-use disorder and co-morbid conditions. (7) Home- and community-based health services. (8) Comprehensive Case Management and care coordination, including substance use disorder treatment adherence services. (9) Health insurance enrollment and cost-sharing assistance in accordance with section 3412. (10) Programs that hire, employ, train, and dispatch mental health professionals, harm reduction providers, or community health workers to respond in lieu of law enforcement officers in emergencies in which— (A) an individual calling 911, the National Suicide Hotline, or another emergency hotlines states that a person is experiencing a drug overdose or is otherwise under the influence of a legal or illegal substance; and (B) a law enforcement officer, other first responder, or other individual identifies a person as being (or possibly being) under the influence of a legal or illegal substance. (d) Recovery and support services For purposes of this section, the term recovery and support services means services that are provided to individuals with substance use disorder, including residential recovery housing, mental health services, long term recovery services, 24/7 hotline crisis center support, medical transportation services, respite care for persons caring for individuals with substance use disorder, child care and family services while an individual is receiving inpatient treatment services or at the time of outpatient services, outreach services, peer recovery services, nutrition services, and referrals for job training and career services, housing, legal services, and child care and family services. The entities through which such services may be provided include local and tribal authorities that provide child care, housing, community development, and other recovery and support services, so long as they do not exclude individuals on the basis that such individuals receive medication for addiction treatment. (e) Early intervention services For purposes of this section, the term early intervention services means services to provide screening and connection to the appropriate level of substance use disorder and mental health treatment (including same-day connection), counseling provided to individuals who have misused substances, who have experienced an overdose, or are at risk of developing substance use disorder, the provision of referrals to facilitate the access of such individuals to core medical services or recovery and support services for substance use disorder, and rapid access to medication for addiction treatment in the setting of recent overdose. The entities through which such services may be provided include emergency rooms, fire departments and emergency medical services, detention facilities, prisons and jails homeless shelters, health care points of entry specified by eligible local areas, Federally-qualified health centers, workforce agencies and job centers, youth development centers, tribal clinics and hospitals, urban Indian organizations, and rural health clinics. (f) Harm reduction services For purposes of this section, the term harm reduction services means services provided to individuals engaging in substance use that are scientifically accepted to reduce the risk of infectious disease transmission, overdose, or death, including by increasing access to health care, housing, and recovery and support services, including syringe services programs. Such term includes evidence-based services. (g) Administration and planning An entity (not including tribal entities) shall not use in excess of 10 percent of amounts received under a grant under section 3421 for administration, accounting, reporting, and program oversight functions, including for the purposes of developing systems to improve data collection and data sharing. (h) Relation to existing emergency medical services Nothing in this section shall be construed to diminish or alter the rights, privileges, remedies, or obligations of any provider or any Federal, State, or local government to provide emergency medical services. 3423. Technical assistance The Secretary may, directly or through grants or contracts, provide technical assistance to public or nonprofit entities, Indian entities, and other eligible Medicaid providers regarding the process of submitting to the Secretary applications for grants under section 3421, and may provide technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to such section. 3424. Planning and development grants (a) In general The Secretary may provide planning grants to public or nonprofit entities, Indian entities, and other eligible Medicaid providers for purposes of assisting such entities and providers in expanding their capacity to provide substance use disorder treatment services in low-income communities and affected subpopulations that are underserviced with respect to such services. (b) Amount A grant under this section may be made in an amount not to exceed $150,000. 3425. Authorization of appropriations There is authorized to be appropriated to carry out this subtitle— (1) $1,000,000,000 for fiscal year 2022; (2) $1,000,000,000 for fiscal year 2023; (3) $1,000,000,000 for fiscal year 2024; (4) $1,000,000,000 for fiscal year 2025; (5) $1,000,000,000 for fiscal year 2026; (6) $1,000,000,000 for fiscal year 2027; (7) $1,000,000,000 for fiscal year 2028; (8) $1,000,000,000 for fiscal year 2029; (9) $1,000,000,000 for fiscal year 2030; and (10) $1,000,000,000 for fiscal year 2031. D Innovation, training, and health systems strengthening 3431. Special projects of national significance (a) In general The Secretary shall award grants to entities to administer special projects of national significance to support the development of innovative and original models for the delivery of substance use disorder treatment and harm reduction services. (b) Grants The Secretary shall award grants under a project under subsection (a) to entities eligible for grants under subtitles A, B, and C based on newly emerging needs of individuals receiving assistance under this title. (c) Replication The Secretary shall make information concerning successful models or programs developed under this section available to grantees under this title for the purpose of coordination, replication, and integration. To facilitate efforts under this section, the Secretary may provide for peer-based technical assistance for grantees funded under this section. (d) Grants to tribal governments (1) Indian tribes In this section, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (2) Use of funds The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount available under this section for each fiscal year to provide grants to Indian tribes for the purposes of supporting the development of innovative and original models for the delivery of substance use disorder treatment services, including the development of culturally informed care models. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $500,000,000 for fiscal year 2022; (2) $500,000,000 for fiscal year 2023; (3) $500,000,000 for fiscal year 2024; (4) $500,000,000 for fiscal year 2025; (5) $500,000,000 for fiscal year 2026; (6) $500,000,000 for fiscal year 2027; (7) $500,000,000 for fiscal year 2028; (8) $500,000,000 for fiscal year 2029; (9) $500,000,000 for fiscal year 2030; and (10) $500,000,000 for fiscal year 2031. 3432. Education and training centers (a) In general The Secretary may make grants and enter into contracts to assist public or nonprofit entities, public or nonprofit schools, and academic health centers in meeting the cost of projects— (1) to train health professionals, including practitioners in programs under this title and other community providers, including physician addiction specialists, psychologists, counselors, case managers, social workers, peer recovery coaches, harm reduction workers, public health workers, and community health workers, and paraprofessionals, such as peer support specialists and recovery coaches, in the diagnosis, treatment, and prevention of substance use disorders and drug use-related health issues, including measures for the prevention and treatment of co-occurring infectious diseases, mental health disorders, and other conditions, and including (as applicable to the type of health professional involved), care for women, pregnant women, and children; (2) to train the faculty of schools of medicine, nursing, public health, osteopathic medicine, dentistry, allied health, social work, and mental health practice to teach health professions students to screen for and provide for the needs of individuals with substance use disorders or at risk of substance use; and (3) to develop and disseminate curricula and resource materials relating to evidence-based practices for the screening, prevention, and treatment of substance use disorders and drug use-related health issues, including information about combating stigma, prescribing best practices, overdose reversal, alternative pain therapies, and all drugs approved by the Food and Drug Administration for the treatment of substance use disorders, including for the purposes authorized under the amendments made by section 3203 of the SUPPORT for Patients and Communities Act. (b) Preference in making grants In making grants under subsection (a), the Secretary shall give preference to qualified projects that will— (1) train, or result in the training of, health professionals and other community providers described in subsection (a)(1), to provide substance use disorder treatments for underserved groups, including minority individuals and Indians with substance use disorder and other individuals who are at a high risk of substance use; (2) train, or result in the training of, minority health professionals and minority allied health professionals, to provide substance use disorder treatment for individuals with such disease; (3) train or result in the training of individuals who will provide substance use disorder treatment in rural or other areas that are underserved by current treatment structures; (4) train or result in the training of health professionals and allied health professionals, including counselors, case managers, social workers, peer recovery coaches, and harm reduction workers, public health workers, and community health workers, to provide treatment for infectious diseases and mental health disorders co-occurring with substance use disorder; and (5) train or result in the training of health professionals and other community providers to provide substance use disorder treatments for pregnant women, children, and adolescents. (c) Native education and training centers The Secretary shall use 10 percent of the amount available under subsection (d) for each fiscal year to provide grants authorized under this subtitle to— (1) tribal colleges and universities; (2) Indian Health Service grant funded institutions; and (3) Native partner institutions, including institutions of higher education with medical training programs that partner with one or more Indian tribes, tribal organizations, Native Hawaiian organizations, or tribal colleges and universities to train Native health professionals that will provide substance use disorder treatment services in Native communities. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $500,000,000 for fiscal year 2022; (2) $500,000,000 for fiscal year 2023; (3) $500,000,000 for fiscal year 2024; (4) $500,000,000 for fiscal year 2025; (5) $500,000,000 for fiscal year 2026; (6) $500,000,000 for fiscal year 2027; (7) $500,000,000 for fiscal year 2028; (8) $500,000,000 for fiscal year 2029; (9) $500,000,000 for fiscal year 2030; and (10) $500,000,000 for fiscal year 2031. 3433. Substance use disorder treatment provider capacity under the Medicaid program (a) Projects (1) In general The Secretary shall use amounts appropriated under this section to provide funding for projects in any State or territory to increase substance use provider capacity, as provided for in section 1903(aa) of the Social Security Act. (2) Prioritizations (A) In general In awarding grants under this section, the Secretary shall, to the extent practicable, prioritize the distribution of grant funds to grantees that have— (i) an explicit policy not to deter employees with respect to— (I) labor organizing for the employees engaged in the covered activities; and (II) such employees’ choice to form and join labor organizations; and (ii) policies that require— (I) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (II) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and (III) the employer to voluntarily recognize a union in cases where such workers of the employer have joined and requested representation. (B) Exception This paragraph shall not apply to Indian tribes. (b) Amount of grant to Indian entities (1) Indian tribes In this section, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (2) Urban indian organization In this section, the term urban Indian organization has the meaning given such in section 4 of the Indian Health Care Improvement Act. (3) Grants The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount appropriated under this section for each fiscal year to award grants to Indian tribes and urban Indian organizations in an amount determined pursuant to criteria developed by the Secretary in consultation with Indian tribes and in conference with urban Indian organizations. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2022; (2) $50,000,000 for fiscal year 2023; (3) $50,000,000 for fiscal year 2024; (4) $50,000,000 for fiscal year 2025; (5) $50,000,000 for fiscal year 2026; (6) $50,000,000 for fiscal year 2027; (7) $50,000,000 for fiscal year 2028; (8) $50,000,000 for fiscal year 2029; (9) $50,000,000 for fiscal year 2030; and (10) $50,000,000 for fiscal year 2031. 3434. Programs to support employees (a) Grant program for workers (1) In general The Secretary, acting through the Director of the National Institute for Occupational Safety and Health, shall award grants to non-profit entities that meet the requirements of this section to fund programs and projects to assist workers who are at risk of substance use disorder, who have substance use disorder, or who are recovering from substance use disorder to maintain or gain employment. (2) Grants for workers (A) In general The Secretary shall, on a competitive basis, award grants for a period of not more than 3 years to non-profit entities that submit an application under paragraph (3) to enable such entities to implement, conduct, continue, and expand evidence-based programs and projects to assist individuals described in subparagraph (G). (B) Use of amounts An entity may use amounts provided under this subsection for— (i) prevention services described in subparagraph (C), including providing education and information to workers regarding the dangers of illicit and licit drug use, non-opioid pain management and non-drug pain management, or occupational injury and illness prevention; (ii) early intervention services described in subparagraph (D) to enable individuals to maintain or gain employment; (iii) recovery and support services described in subparagraph (E) to enable individuals to maintain or gain employment; (iv) harm reduction services described in subparagraph (F) to enable individuals to maintain or gain employment; (v) hiring case managers, care coordinators, and peer support specialists to assist employed individuals who are experiencing substance use disorder, or who are recovering from substance use disorder, in accessing substance use disorder treatment services; or (vi) providing vocational, life skills, and other forms of job training to workers who are receiving substance use disorder treatment services to enable such workers to maintain or gain employment. (C) Prevention services For purposes of this section, the term prevention services means evidence-based services, programs, or multi-sector strategies to prevent substance use disorder (including education campaigns, community-based prevention programs, risk identification programs, opioid diversion, collection and disposal of unused opioids, services to at-risk populations, and trauma support services). (D) Recovery and support services For purposes of this section, the term recovery and support services means services including residential recovery housing, mental health services, long term recovery services, 24/7 hotline crisis center services, medical transportation services, respite care for persons caring for individuals with substance use disorder, child care and family services while an individual is receiving inpatient treatment services or at the time of outpatient services, outreach services, peer recovery services, nutrition services, and referrals for job training and career services, housing, legal services, and child care and family services so long as they do not exclude individuals on the basis that such individuals receive medication for addiction treatment. (E) Early intervention services For purposes of this section, the term early intervention services means services to provide screening and connection to the appropriate level of substance use disorder and mental health treatment (including same-day connection), counseling provided to individuals who have misused substances, who have experienced an overdose, or are at risk of developing substance use disorder, the provision of referrals to facilitate the access of such individuals to core medical services or recovery and support services for substance use disorder, and rapid access to medication for addiction treatment in the setting of recent overdose. (F) Harm reduction services For purposes of this section, the term harm reduction services means services provided to individuals engaging in substance use scientifically accepted to reduce the risk of infectious disease transmission, overdose, or death, including by increasing access to health care, housing, and recovery and support services, including syringe services programs. Such term includes evidence-based services. (G) Individuals described Individuals described in this subparagraph are individuals who— (i) (I) have been employed in the 12-month period immediately preceding the date on which the determination is being made, or who are participating in an employee training or apprenticeship program; and (II) are at high risk of developing substance use disorder, including as a result of employment in industries that experience high rates of occupational injuries and illness; or (ii) are experiencing a substance use disorder or are in recovery from a substance use disorder. (3) Applications To be eligible for a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a complete accounting of the disbursement of any prior grants received under this title by the applicant and the results achieved by such expenditures; (B) a description of the population to be served with grant funds provided under this section, including a description of the unique risks the population faces for experiencing occupational injuries or exposure to illicit substances; (C) the goals and objectives to be achieved with grant funds provided under this section, including targets and milestones that are intended to be met, the activities that will be undertaken to achieve those targets, and the number of individuals likely to be served by the grant funds, including demographic data on the populations to be served; (D) a demonstration of the ability of the applicant to reach the individuals described in paragraph (2)(G) and to provide services described in paragraph (2)(B) included in the applicant’s grant application, including by partnering with local stakeholders; (E) for any prior funding received under this subsection, data provided in such form as the Secretary shall require detailing, at a minimum, the extent to which the activities supported by the funding met the goals, objectives, targets, and milestones specified in the application for the funding, and the number of individuals with and without substance use disorder who received services supported by the funding, including the services provided to these individuals, the industries in which the individuals were employed when they received services, and whether the individuals were still employed in that same industry or in any industry when the individuals ceased receiving services supported by the funding; and (F) any other information the Secretary shall require. (4) Data reporting and oversight An entity awarded a grant under this subsection shall submit to the Secretary an annual report at such time and in such manner as the Secretary shall require. Such report shall include, at a minimum, a description of— (A) the activities funded by the grant; (B) the number of individuals with and without substance use disorder served through activities funded by the grant, including the services provided to those individuals and the industries in which those individuals were employed at the time they received services supported by the grant; (C) for workers experiencing substance use disorder or recovering from substance use disorder served by activities funded by the grant, the number of individuals who maintained employment, the number of individuals who gained employment, and the number of individuals who failed to maintain employment over the course of the reporting period; and (D) any other information required by the Secretary. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection— (A) $40,000,000 for fiscal year 2022; (B) $40,000,000 for fiscal year 2023; (C) $40,000,000 for fiscal year 2024; (D) $40,000,000 for fiscal year 2025; (E) $40,000,000 for fiscal year 2026; (F) $40,000,000 for fiscal year 2027; (G) $40,000,000 for fiscal year 2028; (H) $40,000,000 for fiscal year 2029; (I) $40,000,000 for fiscal year 2030; and (J) $40,000,000 for fiscal year 2031. (b) Research on the impact of substance use disorder in the workplace and on direct service providers (1) Risks of substance use disorder The Secretary, in consultation with the Director of the National Institute for Occupational Safety and Health, shall conduct (directly or through grants or contracts) research, experiments, and demonstrations, and publish studies relating to— (A) the risks faced by employees in various occupations of developing substance use disorder and of drug overdose deaths and non-fatal drug overdoses, and the formulation of prevention activities tailored to the risks identified in these occupations, including occupational injury and illness prevention; (B) the prevalence of substance use disorder among employees in various occupations; (C) efforts that employers may undertake to assist employees who are undergoing substance use disorder treatment services in maintaining employment while ensuring workplaces are safe and healthful; (D) risks of occupational exposure to opioids and other illicit substances and the formulation of prevention activities tailored to the risks identified; and (E) other subjects related to substance use disorder in the workplace as the Secretary determines. (2) Direct service providers The Secretary shall conduct (directly or through grants or contracts) research, experiments, and demonstrations, and publish studies relating to the occupational health and safety, recruitment, and retention of behavioral health providers who, as part of their job responsibilities, provide direct services to individuals who are at risk of experiencing substance use disorder or who are experiencing or recovering from substance use disorder, including— (A) identifying factors that the Secretary believes may endanger the health or safety of such workers, including factors that affect the risks such workers face of developing substance use disorder; (B) motivational and behavioral factors relating to the field of behavioral health providers; (C) strategies to support the recruitment and retention of behavioral health providers; and (D) other subjects related to behavioral health providers engaged in direct provision of substance use disorder prevention and treatment services as the Secretary determines appropriate. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection— (A) $10,000,000 for fiscal year 2022; (B) $10,000,000 for fiscal year 2023; (C) $10,000,000 for fiscal year 2024; (D) $10,000,000 for fiscal year 2025; (E) $10,000,000 for fiscal year 2026; (F) $10,000,000 for fiscal year 2027; (G) $10,000,000 for fiscal year 2028; (H) $10,000,000 for fiscal year 2029; (I) $10,000,000 for fiscal year 2030; and (J) $10,000,000 for fiscal year 2031. 3435. Improving and expanding care (a) Level of care standards for substance use disorder treatment services (1) In general Not later than 1 year after the date of enactment of this title, the Secretary, in consultation with the American Society of Addiction Medicine, State and tribal officials selected by the Secretary, and other stakeholders as the Secretary determines necessary, and after seeking public input, shall promulgate model standards for the regulation of substance use disorder treatment services. (2) Substance use disorder treatment services The model standards promulgated under paragraph (1) shall, at a minimum— (A) identify the types of substance use disorder treatment services intended to be covered without regard to whether they participate in any Federal health care program (as defined in section 1128B(f) of the Social Security Act) and shall not include— (i) a private practitioner who is already licensed by a State licensing board and whose practice is limited to non-intensive outpatient care; or (ii) any substance use disorder treatment service provided on a non-intensive outpatient basis in the office of a private practitioner who is licensed by a State licensing board; (B) require the designation of a single State agency to serve as the primary regulator in the State for substance use disorder treatment services; (C) subject to paragraph (3), require that substance use disorder treatment services identified in accordance with subparagraph (A), be licensed by the respective States according to the standards for levels of care set forth by the American Society of Addiction Medicine in 2013 or an equivalent set of standards; (D) require implementation of a process to ensure that substance use disorder treatment program qualifications are verified by means of an onsite inspection not less frequently than every 3 years by the State agency serving as the primary regulator in the State for substance use disorder treatment services or by an independent third party that is approved by the State’s primary regulator; and (E) require that all patients leaving a residential treatment program receive a written transition plan prior to discharge from that level of care. (3) Annual assessment Beginning with respect to fiscal year 2022, the Secretary shall make a determination with respect to each State on whether the State has adopted, for each of the substance use disorder treatment services identified in accordance with paragraph (2)(A), licensure standards that are in compliance in all material respects with the model standards promulgated in accordance with this subsection. In the event the American Society of Addiction Medicine revises its criteria, the Secretary shall revise the national model level of care standards accordingly and disseminate any such update to the States, and the States may adopt any such updates to be in compliance with this subsection. (b) Standards for other specified matters related to substance use disorder treatment services and recovery residences (1) In general Not later than 2 years after the date of enactment of this title, the Secretary, in consultation with representatives of nonprofit service providers and State and tribal officials as the Secretary determines necessary, shall promulgate model standards for the regulation of— (A) other specified matters related to substance use disorder treatment services; and (B) recovery residences. (2) Other specified matters related to substance use disorder treatment services The model standards promulgated under paragraph (1)(A) shall, at a minimum— (A) identify the professional credentials needed by each type of substance use disorder treatment professional; (B) include standards for data reporting and require compilation of statewide reports; (C) require the establishment and maintenance within each State of a toll-free telephone number to receive complaints from the public regarding substance use disorder treatment service providers; and (D) require the establishment and maintenance on a publicly accessible internet website of a list of all substance use disorder treatment services in the State that have a certification in effect in accordance with this section. (3) Recovery residences (A) Economic relationship The model standards promulgated under paragraph (1)(B) shall, at a minimum, be applied to recovery residences that have an ongoing economic relationship with any commercial substance use disorder treatment service. (B) Minimum requirements The model standards promulgated under paragraph (1)(B), which may include any model laws developed under section 550(a) shall, at a minimum, identify requirements for— (i) the designation of a single State agency to certify recovery residences; (ii) the implementation of a process to ensure that the qualifications of recovery residences in which not fewer than 10 individuals may lawfully reside are verified by means of an onsite inspection not less frequently than every 3 years by the State agency serving as the primary regulator in the State or by an independent third party that is approved by the State’s primary regulator; (iii) fire, safety, and health standards; (iv) equipping residences with opioid overdose reversal drug products, such as naloxone and training residence owners, operators, and employees in the administration of naloxone; (v) recovery residence owners and operators; (vi) a written policy that prohibits the exclusion of individuals on the basis that such individuals receive drugs approved by the Food and Drug Administration for the treatment of substance use disorder; (vii) the establishment and maintenance within each State of a toll-free telephone number to receive complaints from the public regarding recovery residences; and (viii) the establishment and maintenance on a publicly accessible internet website of a list of all recovery residences in the State that have a certification in effect in accordance with this section. (4) Annual assessment Beginning with respect to fiscal year 2023, the Secretary shall make a determination with respect to each State on whether the State has adopted, for each of the other specified substance use disorder treatment services identified in this section and for recovery residences, standards that are in compliance in all material respects with the model standards promulgated in accordance with this subsection. (c) Ensuring access to medication for addiction treatment (1) Medication for addiction treatment The Secretary may not make a grant under this section unless the applicant for the grant agrees to require all entities offering substance use disorder treatment services under the grant to offer all drugs approved by the Food and Drug Administration for the treatment of substance use disorder for which the applicant offers treatment. (2) Waiver The Secretary may grant a waiver with respect to any requirement of this section if the grant applicant involved— (A) submits to the Secretary a justification for such waiver containing such information as the Secretary shall require; and (B) agrees to require all entities offering substance use disorder treatment services under the grant to— (i) offer, on site, at least 2 drugs approved by the Food and Drug Administration for the treatment of substance use disorder; (ii) provide counseling to patients on the benefits and risks of all drugs approved by the Food and Drug Administration for the treatment of substance use disorder; and (iii) maintain an affiliation agreement with a provider that can prescribe or otherwise dispense all other forms of drugs approved by the Food and Drug Administration for the treatment of substance use disorder. (3) GAO study Not later than 1 year after the date of enactment of this title, the Comptroller General of the United States shall submit to Congress a comprehensive report describing any relationship between substance use rates, pain management practices of the Indian Health Service, and patient request denials through the purchased/referred care program of the Indian Health Service. (d) Ensuring a full continuum of services (1) In general Not later than 6 months after the date of the enactment of this title, the Administrator of the Centers for Medicare & Medicaid Services shall issue a State Medicaid Director letter and tribal leader letter explaining how States and tribes can ensure access to a continuum of services for adults with substance use disorders who are receiving medical assistance under title XIX of the Social Security Act. Such letter shall describe how States can cover the continuum of community-based, residential, and inpatient substance use disorder services and care coordination between different levels of care as medical assistance, as defined in section 1905(a) of such Act, including through section 1915 of such Act and through demonstration projects under section 1115 of such Act. (2) MACPAC Analysis Not later than 1 year after the date of the enactment of this title, the Medicaid and CHIP Payment and Access Commission shall conduct an analysis, and make publicly available a report containing the results of such analysis, of States’ coverage of substance use services for Medicaid beneficiaries. Such report shall include examples of promising strategies States use to cover a continuum of community-based substance use services. (3) Annual assessment Beginning with respect to fiscal year 2022, the Secretary shall make a determination with respect to each State on whether the State has carried out the requirements to ensure a continuum of services as described in section 1915(l)(4)(C) of the Social Security Act. 3436. Naloxone distribution program (a) Establishment of program (1) In general The Secretary shall provide for the purchase and delivery of federally approved opioid overdose reversal drug products on behalf of each State (or Indian tribe as defined in section 4 of the Indian Health Care Improvement Act) that receives a grant under subtitle B. This paragraph constitutes budget authority in advance of appropriations Acts, and represents the obligation of the Federal Government to provide for the purchase and delivery to States and Indian tribes of the opioid overdose reversal drug products in accordance with this paragraph. (2) Special rules where opioid overdose reversal drug products are unavailable To the extent that a sufficient quantity of opioid overdose reversal drug products are not available for purchase or delivery under paragraph (1), the Secretary shall provide for the purchase and delivery of the available opioid overdose reversal drug products in accordance with priorities established by the Secretary, with priority given to States with at least one local area eligible for funding under section 3401(a). (b) Negotiation of contracts with manufacturers (1) In general For the purpose of carrying out this section, the Secretary shall negotiate and enter into contracts with manufacturers of opioid overdose reversal drug products consistent with the requirements of this subsection and, to the maximum extent practicable, consolidate such contracting with any other contracting activities conducted by the Secretary to purchase opioid overdose reversal drug products. The Secretary may enter into such contracts under which the Federal Government is obligated to make outlays, the budget authority for which is not provided for in advance in appropriations Acts, for the purchase and delivery of opioid overdose reversal drug products under subsection (a). (2) Authority to decline contracts The Secretary may decline to enter into contracts under this subsection and may modify or extend such contracts. (3) Contract price (A) In general The Secretary, in negotiating the prices at which opioid overdose reversal drug products will be purchased and delivered from a manufacturer under this subsection, shall take into account quantities of opioid overdose reversal drug products to be purchased by States under the option under paragraph (4)(B). (B) Negotiation of discounted price for opioid overdose reversal drug products With respect to contracts entered into for the purchase of opioid overdose reversal drug products on behalf of States under this subsection, the price for the purchase of such drug product shall be a discounted price negotiated by the Secretary. (4) Product dosage All opioid overdose reversal products purchased under this section shall contain— (A) for each dose, the maximum amount of active pharmaceutical ingredient that acts as an opioid receptor antagonist as recommended by the Food and Drug Administration as an initial dose when administered by one of the approved, labeled routes of administration in adults; and (B) a minimum of two doses packaged together. (5) Quantities and terms of delivery Under contracts under this subsection— (A) the Secretary shall provide, consistent with paragraph (6), for the purchase and delivery on behalf of States and Indian tribes of quantities of opioid overdose reversal drug products; and (B) each State and Indian tribe, at the option of the State or tribe, shall be permitted to obtain additional quantities of opioid overdose reversal drug products (subject to amounts specified to the Secretary by the State or tribe in advance of negotiations) through purchasing the opioid overdose reversal drug products from the manufacturers at the applicable price negotiated by the Secretary consistent with paragraph (3), if the State or tribe provides to the Secretary such information (at a time and manner specified by the Secretary, including in advance of negotiations under paragraph (1)) as the Secretary determines to be necessary, to provide for quantities of opioid overdose reversal drug products for the State or tribe to purchase pursuant to this subsection and to determine annually the percentage of the opioid overdose reversal drug market that is purchased pursuant to this section and this subparagraph. The Secretary shall enter into the initial negotiations not later than 180 days after the date of the enactment of this title. (6) Charges for shipping and handling The Secretary may enter into a contract referred to in paragraph (1) only if the manufacturer involved agrees to submit to the Secretary such reports as the Secretary determines to be appropriate to assure compliance with the contract and if, with respect to a State program under this section that does not provide for the direct delivery of qualified opioid overdose reversal drug products, the manufacturer involved agrees that the manufacturer will provide for the delivery of the opioid overdose reversal drug products on behalf of the State in accordance with such program and will not impose any charges for the costs of such delivery (except to the extent such costs are provided for in the price established under paragraph (3)). (7) Multiple suppliers In the case of the opioid overdose reversal drug product involved, the Secretary may, as appropriate, enter into a contract referred to in paragraph (1) with each manufacturer of the opioid overdose reversal drug product that meets the terms and conditions of the Secretary for an award of such a contract (including terms and conditions regarding safety and quality). With respect to multiple contracts entered into pursuant to this paragraph, the Secretary may have in effect different prices under each of such contracts and, with respect to a purchase by States pursuant to paragraph (4)(B), each eligible State may choose which of such contracts will be applicable to the purchase. (c) Use of opioid overdose reversal drug product list Beginning not later than one year after the first contract has been entered into under this section, the Secretary shall use, for the purpose of the purchase, delivery, and administration of opioid overdose reversal drug products under this section, the list established (and periodically reviewed and, as appropriate, revised) by an advisory committee, established by the Secretary and located within the Centers for Disease Control and Prevention, which considers the cost effectiveness of each opioid overdose reversal drug product. (d) State distribution of opioid overdose reversal drug products States shall distribute opioid overdose reversal drug products received under this section to the following: (1) First responders and local emergency medical services organizations, including volunteer emergency medical services organizations. (2) Public entities with authority to administer local public health services, including all local health departments, for the purposes of making opioid overdose reversal drug products available to— (A) nonprofit entities, including— (i) community-based organizations that provide substance use disorder treatments or harm reduction services; (ii) nonprofit entities that provide substance use disorder treatments or harm reduction services; and (iii) faith based organizations that provide substance use disorder treatments or harm reduction services; (B) other areas of high need; and (C) the general public. (e) State requirements To be eligible to receive opioid overdose reversal drugs under this section, each State shall— (1) establish a program for distributing opioid overdose reversal drug products to first responders, the general public, and entities with authority to administer local public health services, including local health departments; (2) beginning in the second year of the program, demonstrate a distribution rate of a minimum of 90 percent of the opioid overdose reversal drug products received under this program; (3) certify to the Secretary that the State has in place a Good Samaritan Law that ensures immunity from arrest and prosecution, including from parole and probation violations, except that the State may apply to the Secretary for a waiver of the requirement of this paragraph, and such waiver if granted shall not be longer than 3 years in duration and may not be renewed unless the State can show progress being made towards instituting a Good Samaritan Law; and (4) certify to the Secretary that the State has in place additional measures that enhance access to opioid overdose reversal drug products, such as laws that provide civil or disciplinary immunity for medical personnel who prescribe an opioid overdose reversal drug product, Third Party Prescription Laws, Collaborative Practice Agreements, and Standing Orders. (f) Indian tribe requirements The Indian Health Service, in consultation with Indian tribes, shall determine any requirements that shall apply to Indian tribes receiving opioid overdose reversal drug products made available under this section. (g) Definitions For purposes of this section: (1) Collaborative practice agreement The term Collaborative Practice Agreement means an agreement under which a pharmacist operates under authority delegated by another licensed practitioner with prescribing authority. (2) Emergency medical service The term emergency medical service means resources used by a public or private licensed entity to deliver medical care outside of a medical facility under emergency conditions that occur as a result of the condition of the patient and includes services delivered (either on a compensated or volunteer basis) by an emergency medical services provider or other provider that is licensed or certified by the State involved as an emergency medical technician, a paramedic, or an equivalent professional (as determined by the State). (3) Good samaritan law The term Good Samaritan Law means a law that provides criminal immunity for a person who administers an opioid overdose reversal drug product, a person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose, or a person who experiences a drug-related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance. (4) Indians The terms Indian , Indian tribe , tribal organization , and urban Indian organization have the meanings given such terms in section 4 of the Indian Health Care Improvement Act. (5) Manufacturer The term manufacturer means any corporation, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities), which manufactures, imports, processes, or distributes under its label any opioid overdose reversal drug product. The term manufacture means to manufacture, import, process, or distribute an opioid overdose reversal drug. (6) Opioid overdose reversal drug product The term opioid overdose reversal drug product means a finished dosage form that has been approved by the Food and Drug Administration and that contains an active pharmaceutical ingredient that acts as an opioid receptor antagonist. The term opioid overdose reversal drug product includes a combination product, as defined in section 3.2(e) of title 21, Code of Federal Regulations. (7) Standing order The term standing order means a non-patient-specific order covering administration of medication by others to a patient who may be unknown to the prescriber at the time of the order. (8) Third party prescription The term third party prescription means an order written for medication dispensed to one person with the intention that it will be administered to another person. (h) Authorization of appropriations There is authorized to be appropriated to carry out this suction— (1) $1,000,000,000 for fiscal year 2022; (2) $1,000,000,000 for fiscal year 2023; (3) $1,000,000,000 for fiscal year 2024; (4) $1,000,000,000 for fiscal year 2025; (5) $1,000,000,000 for fiscal year 2026; (6) $1,000,000,000 for fiscal year 2027; (7) $1,000,000,000 for fiscal year 2028; (8) $1,000,000,000 for fiscal year 2029; (9) $1,000,000,000 for fiscal year 2030; and (10) $1,000,000,000 for fiscal year 2031. 3437. Additional funding for the National Institutes of Health There is authorized to be appropriated to the National Institutes of Health for the purpose of conducting research on addiction and pain, including research to develop overdose reversal drug products, non-opioid drug products and non-pharmacological treatments for addressing pain and substance use disorder, and drug products used to treat substance use disorder— (1) $1,000,000,000 for fiscal year 2022; (2) $1,000,000,000 for fiscal year 2023; (3) $1,000,000,000 for fiscal year 2024; (4) $1,000,000,000 for fiscal year 2025; (5) $1,000,000,000 for fiscal year 2026; (6) $1,000,000,000 for fiscal year 2027; (7) $1,000,000,000 for fiscal year 2028; (8) $1,000,000,000 for fiscal year 2029; (9) $1,000,000,000 for fiscal year 2030; and (10) $1,000,000,000 for fiscal year 2031. 3438. Additional funding for the Centers for Disease Control and Prevention (a) Improved data collection and prevention of infectious disease transmission (1) Data collection The Centers for Disease Control and Prevention shall use a portion of the funding appropriated under this section to ensure that all States participate in the Enhanced State Opioid Overdose Surveillance program and to provide technical assistance to medical examiners and coroners to facilitate improved data collection on fatal overdoses through such program. (2) Centers for Disease Control and Prevention The Centers for Disease Control and Prevention shall use amounts appropriated under this section for the purpose of improving data on drug overdose deaths and non-fatal drug overdoses, surveillance related to addiction and substance use disorder, and the prevention of transmission of infectious diseases related to substance use. (3) Tribal data Not later than 6 months after the date of enactment of this title, the Director of the Centers for Disease Control and Prevention shall consult with Indian tribes and confer with urban Indian organizations to develop and implement strategies that improve surveillance and reporting of fatal overdose deaths among American Indians and Alaska Natives, including strategies that reduce the underestimation of fatal overdose deaths among American Indians and Alaska Natives due to undersampling or racial misclassification in State and Federal public health surveillance systems. (b) Childhood trauma The Centers for Disease Control and Prevention shall use a portion of the funding appropriated under this section to fund the surveillance and data collection activities described in section 7131 of the SUPPORT for Patients and Communities Act, including to encourage all States to participate in collecting and reporting data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, and other relevant public health surveys or questionnaires. (c) Worker health risks The Centers for Disease Control and Prevention shall use a portion of the funding appropriated under this section for data collection and surveillance activities on substance use, substance use disorders, drug overdose deaths, and non-fatal drug overdoses among workers, and the factors and practices that contribute to such use, disorders, and overdoses, including occupational injuries and illness as well as occupational exposure to opioids and other illicit and licit drugs. (d) Tribal epidemiology centers There shall be made available to the Indian Health Service for the purpose of funding efforts by Indian tribes and tribal epidemiology centers to improve data on drug overdose deaths and non-fatal drug overdoses, surveillance related to addiction and substance use disorder, and prevention of childhood trauma, not less than 1.5 percent of the total amount appropriated under this section for each fiscal year. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $500,000,000 for fiscal year 2022; (2) $500,000,000 for fiscal year 2023; (3) $500,000,000 for fiscal year 2024; (4) $500,000,000 for fiscal year 2025; (5) $500,000,000 for fiscal year 2026; (6) $500,000,000 for fiscal year 2027; (7) $500,000,000 for fiscal year 2028; (8) $500,000,000 for fiscal year 2029; (9) $500,000,000 for fiscal year 2030; and (10) $500,000,000 for fiscal year 2031. 3439. Definitions In this title: (1) Planning council The term planning council means the substance use planning council established under section 3402. (2) Recovery residence The term recovery residence means a residential dwelling unit, or other form of group housing, that is offered or advertised through any means, including oral, written, electronic, or printed means, by any individual or entity as a residence that provides an evidence-based, peer-supported living environment for individuals undergoing any type of substance use disorder treatment or who have received any type of substance use disorder treatment in the past 3 years, including medication for addiction treatment. (3) State (A) In general The term State means each of the 50 States, the District of Columbia, and each of the territories. (B) Territories The term territory means each of American Samoa, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau. (4) Substance use disorder treatment (A) In general The term substance use disorder treatment means an evidence-based, professionally directed, deliberate, and planned regimen including evaluation, observation, medical monitoring, and rehabilitative services and interventions such as pharmacotherapy, mental health services, and individual and group counseling, on an inpatient or outpatient basis, to help patients with substance use disorder reach remission and maintain recovery. (B) Types of treatment Substance use disorder treatments shall include the following: (i) Clinical stabilization services, which are evidence-based services provided in secure, acute care facilities (which may be referred to as addictions receiving facilities ) that, at a minimum— (I) provide intoxication management and stabilization services; (II) are operated 24 hours per day, 7 days per week; and (III) that serve individuals found to be substance use impaired. These can also be referred to as Addictions receiving facilities . (ii) Withdrawal management and detoxification, which is a medical service that is provided on an inpatient or an outpatient basis to assist an individual in managing the process of withdrawal from the physiological and psychological effects of substance use disorder. (iii) All outpatient, residential, and inpatient services described in section 1915(l)(4)(c) of the Social Security Act. (C) Limitation Substance use disorder treatment providers shall not include— (i) prevention only providers; and (ii) a private practitioner who is licensed by a State licensing board and whose practice is limited to non-intensive outpatient care. (5) Substance use disorder treatment services The term substance use disorder treatment services means any prevention services, core medical services, recovery and support services, early intervention services, and harm reduction services authorized under this title. . 4. Amendments to the Controlled Substances Act (a) Certifications Part C of the Controlled Substances Act ( 21 U.S.C. 821 et seq. ) is amended by adding at the end the following: 313. Certifications relating to diversion controls and misbranding (a) Definitions In this section— (1) the term covered dispenser — (A) means a dispenser— (i) that is required to register under section 302(a)(2); and (ii) dispenses a controlled substance in schedule II; and (B) does not include a dispenser that is— (i) registered to dispense opioid agonist treatment medication under section 303(g)(1); and (ii) operating in that capacity; (2) the term covered distributor means a distributor— (A) that is required to register under section 302(a)(1); and (B) distributes a controlled substance in schedule II; (3) the term covered manufacturer means a manufacturer— (A) that is required to register under section 302(a)(1); and (B) manufactures a controlled substance in schedule II; (4) the term covered officer , with respect to a covered person means— (A) in the case of a covered person that is not an individual— (i) the chief executive officer of the covered person; (ii) the president of the covered person; (iii) the chief medical officer of the covered person; or (iv) the chief counsel of the covered person; and (B) in the case of a covered person that is an individual, that individual; and (5) the term covered person means— (A) a covered dispenser; (B) a covered distributor; or (C) a covered manufacturer. (b) Certifications relating to diversion controls Not later than 180 days after the date of enactment of this section, and each year thereafter, each covered officer of a covered person shall submit to the Attorney General, for each controlled substance in schedule II dispensed, distributed, or manufactured by the covered person, a certification— (1) signed by the covered officer; and (2) certifying that— (A) the covered person maintains effective controls against diversion of the controlled substance into channels other than legitimate medical, scientific, research, or industrial channels; (B) all information contained in any record, inventory, or report required to be kept or submitted to the Attorney General by the covered person under section 307, or under any regulation issued under that section, is accurate; and (C) the covered person is in compliance with all applicable requirements under Federal law relating to reporting suspicious orders for controlled substances. (c) Certifications relating to misbranding (1) In general Not later than 180 days after the date of enactment of this section, and each year thereafter, each covered officer of a covered manufacturer shall submit to the Secretary, for each controlled substance in schedule II manufactured by the covered manufacturer, a certification— (A) signed by the covered officer; and (B) certifying that the controlled substance is not misbranded, as described in section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ). (2) Notification to the Attorney General (A) Failure to submit certifications Not later than 30 days after the date on which a covered officer of a covered manufacturer is required to submit a certification under paragraph (1) and fails to do so, the Secretary shall notify the Attorney General of the failure by the covered officer to submit the certification. (B) False certifications relating to misbranding Not later than 30 days after the date on which the Secretary becomes aware that a certification submitted under paragraph (1) contains a materially false statement or representation relating to the misbranding of a controlled substance with respect to the year for which the certification is submitted, the Secretary shall notify the Attorney General that the certification contains the materially false statement or representation. . (b) Offenses Part D of title II of the Controlled Substances Act ( 21 U.S.C. 841 et seq. ) is amended by adding at the end the following: 424. Certifications by covered officers (a) Definitions In this section, the terms covered dispenser , covered distributor , covered manufacturer , covered officer , and covered person have the meanings given those terms in section 313. (b) Offenses (1) Failure to submit certifications (A) Certifications relating to diversion controls It shall be unlawful for a covered officer of a covered person to fail to submit a certification required under section 313(b), without regard to the state of mind of the covered officer. (B) Certifications relating to misbranding It shall be unlawful for a covered officer of a covered manufacturer to fail to submit a certification required under section 313(c)(1), without regard to the state of mind of the covered officer. (2) Submission of false certifications (A) False certifications relating to diversion controls It shall be unlawful for a covered officer of a covered person to submit a certification required under section 313(b), without regard to the state of mind of the covered officer, that contains a materially false statement or representation relating to the information required to be certified under that section for the year for which the certification is submitted. (B) False certifications relating to misbranding It shall be unlawful for a covered officer of a covered manufacturer to submit a certification required under section 313(c)(1), without regard to the state of mind of the covered officer, that contains a materially false statement or representation relating to the misbranding of a controlled substance with respect to the year for which the certification is submitted. (c) Penalties (1) Civil penalties Except as provided in paragraph (2), a covered officer who violates subsection (b) shall be subject to a civil penalty of not more than $25,000. (2) Criminal penalties A covered officer who knowingly violates subsection (b)(2) shall be subject to criminal penalties under section 403(d). (d) Comprehensive Addiction Resources Fund (1) Establishment There is established in the Treasury a fund to be known as the Comprehensive Addiction Resources Fund . (2) Transfer of amounts There shall be transferred to the Comprehensive Addiction Resources Fund 100 percent of— (A) any civil penalty paid to the United States under this section; and (B) any fine paid to the United States under section 403(d) for a knowing violation of subsection (b)(2) of this section. (3) Availability and use of funds Amounts transferred to the Comprehensive Addiction Fund under paragraph (2) shall— (A) remain available until expended; and (B) be made available to supplement amounts appropriated to carry out title XXXIV of the Public Health Service Act. . (c) Criminal penalties Section 403 of the Controlled Substances Act ( 21 U.S.C. 843 ) is amended— (1) in subsection (d)(1)— (A) by inserting or knowingly violates section 424(b)(2) after any person who violates this section ; and (B) by striking violation of this section and inserting such a violation ; and (2) in subsection (f)— (A) in paragraph (1), by striking or 416 and inserting or section 416, or knowing violations of section 424(b)(2) ; and (B) in paragraph (3), by inserting or knowing violations of section 424(b)(2) before the period at the end. (d) Technical and conforming amendments The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( Public Law 91–513 ; 84 Stat. 1236) is amended— (1) by inserting after the item relating to section 311 the following: Sec. 312. Suspicious orders. Sec. 313. Certifications relating to diversion controls and misbranding. ; and (2) by inserting after the item relating to section 423 the following: Sec. 424. Certifications by covered officers. . (e) Effective date The amendments made by subsections (b) and (c) of this section shall take effect on the date that is 180 days after the date of enactment of this Act. 5. General limitation on use of funds Amounts appropriated or provided under this Act, or an amendment made by this Act, shall be used only for the public health purposes described in this Act (or amendments) and shall not be used to increase the incarceration or institutionalization of individuals with substance use disorder. 6. Federal drug demand reduction activities (a) Publication of list (1) Amendment Section 705(f) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1704(f) ) is amended by inserting at the end the following new paragraph: (5) Publication of list The Director shall publish online a complete list of all drug control program grant programs and any other relevant information included in the system developed under paragraph (1). . (2) Deadline and frequency Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director of National Drug Control Policy shall publish the list required under section 705(f)(5) of the National Drug Control Act of 1998, as added by paragraph (1). (b) National Drug Control Strategy Section 706(c)(1) of the National Drug Control Act of 1998 ( 21 U.S.C. 1705(c)(1) ) is amended by adding at the end the following new subparagraph: (O) A review of all federally funded demand reduction activities, including an evaluation of— (i) the effectiveness of those activities; (ii) the contribution of those activities to demand reduction activities funded by State, local, and Tribal governments; and (iii) whether any duplication or inefficiency in federally funded demand reduction activities needs to be addressed. . | https://www.govinfo.gov/content/pkg/BILLS-117s3418is/xml/BILLS-117s3418is.xml |
117-s-3419 | II 117th CONGRESS 1st Session S. 3419 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes.
1. Short title This Act may be cited as the HUD Health and Safety Accountability Act . 2. Definitions In this Act: (1) Department The term Department means the Department of Housing and Urban Development. (2) Secretary The term Secretary means the Secretary of Housing and Urban Development. 3. Reforms to management and occupancy reviews Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize— (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (5) During the review, Performance Based Contract Administrators may assess conditions of both occupied (with resident consent) and unoccupied units. (6) If a property that has not received a uniform physical condition standards inspection within 1 year receives an unsatisfactory rating on a review, a uniform physical condition standards inspection shall be automatically required within 120 days. (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. 4. Reforms to local code enforcement Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to reform local code enforcement by the Department, including by requiring owners, or designated property managers, of properties receiving project-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) to— (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice— (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including— (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). 5. Reforms to HUD oversight Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to— (1) reform the scoring methodology for uniform physical condition standards inspections to prioritize health and safety conditions, including interior unit conditions; (2) require the Secretary to verify in person that owners have taken action to address health and safety deficiencies outlined in a demand for corrective action; (3) requires property owners to report all deficiencies listed in a demand for corrective action to the applicable Performance Based Contract Administrator; and (4) allow for the Department to abate individual units assisted under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. 6. Reforms to tenant surveys Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a process by which a Performance Based Contract Administrator shall issue tenant surveys, as follows: (1) For properties receiving a uniform physical condition standards inspection score of not less than 60/100 and not more than 80/100, tenant surveys shall be made available to a sampling of not less than 20 percent of residents of each structure under a housing assistance payments contract, and will be required on the next inspection, and ongoing for each inspection until the property receives a score that is more than 80/100. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. (3) The tenant surveys shall be reviewed by the Performance Based Contract Administrator and included as graded factors in uniform physical condition standards inspections, with priority provided for health and safety deficiencies. 7. Contact information Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) shall, on an annual basis, provide to tenants contact information for the applicable— (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); and (4) Performance Based Contract Administrator. 8. Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) examines the capital reserves of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) with a uniform physical condition standards inspection score of 59/100 or below, including the use of funds derived from the housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure, and the remediation of health and safety issues outlined in uniform physical condition standards inspections, demands for corrective actions, and notices of default; (2) includes a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) that has received a demand for corrective action from the Department but has not complied with compliance or remediation requirements; (3) a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) during the 5-year period preceding the date of the report, and recommendations for improving safety and precautionary security efforts to keep tenants safe from crimes of violence; and (5) a detailed list of programmatic recommendations regarding assistance provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including— (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long-term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies. | https://www.govinfo.gov/content/pkg/BILLS-117s3419is/xml/BILLS-117s3419is.xml |
117-s-3420 | II 117th CONGRESS 1st Session S. 3420 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement for equality in interstate travel.
1. Short title This Act may be cited as the Freedom Riders Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) In 1960, the Supreme Court ruled in Boynton v. Virginia that segregated bus and rail stations were unconstitutional. (2) The rigid system of racial segregation that prevailed in the United States during the 1960s did not permit a Black person to sit next to a White person on any bus traveling through interstate commerce and in most locations in the South. Bus stations had Whites Only waiting areas and Blacks were not permitted to wait in those areas despite the Supreme Court making it the law of the land. (3) The Freedom Riders, with the intent to end segregation in public transportation throughout the South, paved the way for full racial integration of the United States transit system. They overcame prejudice, discrimination, and violence. They sparked a movement that changed our Nation. (4) The Congress of Racial Equality (C.O.R.E.) selected thirteen volunteers for nonviolent response training to join in the Freedom Rides from Washington, DC, to New Orleans, LA. The Freedom Riders used their strategies of nonviolence throughout the South to challenge the region’s Jim Crow laws directly and enforce the Supreme Court decision in Boynton. (5) On the morning of May 4, 1961, the Freedom Riders, comprised of seven Blacks and six Whites, boarded two buses, with Blacks and Whites seated together. Those thirteen Freedom Riders were: Genevieve Hughes Houghton, Charles Person, Hank Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most segregated States considered even this level of integration a crime. At various stops along the way, the Freedom Riders would enter areas designated Whites and Colored and would eat together at segregated lunch counters to defy local laws. (6) Initially, the Freedom Riders had encountered only minor clashes until a stop in South Carolina. In Rock Hill, an angry mob severely beat John Lewis, late Congressman from the 5th District of Georgia, when he entered the bus station. Henry Hank Thomas was jailed when he entered the bus station in Winnsboro. Authorities delivered him to a waiting mob long after the station had closed that evening. A local Black minister rescued Thomas, enabling him to rejoin the group in Columbia. However, Lewis was so badly beaten he could not continue the Freedom Rides. (7) Dr. Martin Luther King, Jr., and other civil rights leaders met with the group in Atlanta to dissuade their continuance through the Deep South due to death threats. Despite these warnings, more Freedom Riders joined in Atlanta. Dedicated to their mission to end segregation in the South and trained in nonviolent movements, the Freedom Riders continued on their journey. (8) On Mother’s Day, May 14, 1961, the Freedom Riders were on two different buses. An angry mob in Anniston, Alabama, firebombed the first bus. When the Freedom Riders rushed out, still choking from the thick smoke of the burning bus, the waiting angry mob beat them with lead pipes and baseball bats as the bus exploded. Ambulances refused to transport the Black Freedom Riders to the hospital. The mob beat the Freedom Riders on the second bus and forced them to sit in the back. As they journeyed to Birmingham, another mob savagely beat the Freedom Riders. (9) The Nashville (TN) Student Group, a local group of students who had been successful in desegregating the lunch counters and movie theaters in Nashville (TN), vowed not to let these acts of violence curtail the goal of the Freedom Rides. They sent their members to continue the Freedom Rides and called out to other student groups to do the same. (10) As the violence grew, the Attorney General of the United States called in the National Guard and the U.S. Marshals to protect the Freedom Riders as they journeyed through Alabama. This protection was short-lived. The Federal authorities turned the Freedom Riders over to the local authorities in Mississippi who then arrested the Freedom Riders for disturbing the peace. (11) The government of Mississippi imprisoned many of the Freedom Riders in Parchman Prison known for its horrific conditions, such as subjecting the Freedom Riders to strip searches, work on chain gangs, and light shining in their cells 24 hours a day. Despite these conditions, the Freedom Riders refused bail because they were determined to spread the message of their nonviolent movement. (12) Five months after the first Freedom Riders left on their historic ride, the Interstate Commerce Commission in conjunction with the U.S. Attorney General Robert Kennedy issued a Federal order banning segregation at all interstate public facilities based upon race, color or creed . The law became effective on November 1, 1961. (13) In 2011, Barack Obama, the President of the United States paid tribute to the Freedom Riders with a Presidential proclamation honoring the 50th anniversary of the first Freedom Ride by brave Americans whose selfless act of courage helped pave the way for others to continue on the road to Civil Rights in America. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement to equality in interstate travel. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the Freedom Riders. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale The amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3420is/xml/BILLS-117s3420is.xml |
117-s-3421 | II 117th CONGRESS 1st Session S. 3421 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Menendez (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To clarify that section 107 of the Countering America's Adversaries Through Sanctions Act applies sanctions with respect to unmanned combat aerial vehicles following a 2019 change by the United Nations providing additional clarity to the United Nations Register of Conventional Arms.
1. Short title This Act may be cited as the Stop Iranian Drones Act of 2021 . 2. Findings Congress finds the following: (1) A United Nations General Assembly report entitled, Continuing operation of the United Nations Register of Conventional Arms and its further development (document A/68/140) and dated July 15, 2013, states, in paragraph 45, the following: The Group noted the discussion of the 2006 Group that category IV already covered armed unmanned aerial vehicles and of the 2009 Group on a proposal to include a new category for such vehicles. The Group reviewed proposals for providing greater clarity to category IV. . . . . (2) Section 107 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9406 ) requires that the President impose sanctions on any person that the President determines knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly to or from Iran, or for the use in or benefit of Iran, of any battle tanks, armored combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts . (3) In 2019, the United Nations formally changed the title of category IV of the United Nations Register of Conventional Arms to Combat aircraft and unmanned combat aerial vehicles (UCAV) . 3. Statement of policy It is the policy of the United States to prevent Iran and terrorist and militia groups aligned with Iran from acquiring unmanned aerial vehicles, including commercially available component parts that can be used in attacks against United States persons and allies and partners of the United States. 4. Amendment to Countering America's Adversaries Through Sanctions Act relating to sanctions with respect to Iran (a) In general Section 107 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9406 ) is amended— (1) in the section heading, by striking Enforcement of arms embargos and inserting Sanctions with respect to major conventional arms ; and (2) in subsection (a)(1), by inserting or unmanned combat aerial vehicles after combat aircraft . (b) Clerical amendment The table of contents for the Countering America’s Adversaries Through Sanctions Act is amended by striking the item relating to section 107 and inserting the following: Sec. 107. Sanctions with respect to major conventional arms. . (c) Effective date; applicability The amendments made by this section shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to any person that knowingly engages, before, on, or after such date of enactment, in any activity that materially contributes to the supply, sale, or transfer of an unmanned combat aerial vehicle (as defined by the United Nations Register of Conventional Arms)— (A) directly or indirectly to or from Iran; or (B) for the use in or benefit of Iran. | https://www.govinfo.gov/content/pkg/BILLS-117s3421is/xml/BILLS-117s3421is.xml |
117-s-3422 | II 117th CONGRESS 1st Session S. 3422 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Kaine (for himself, Mrs. Feinstein , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas.
1. Short title This Act may be cited as the Expanding Medical Education Act . 2. Grants for schools of medicine and schools of osteopathic medicine in underserved areas Subpart II of part C of title VII of the Public Health Service Act ( 42 U.S.C. 293m et seq. ) is amended by adding at the end the following: 749C. Grants for schools of medicine and schools of osteopathic medicine in underserved areas (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to institutions of higher education (including consortiums of such institutions) for the establishment, improvement, or expansion of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine. (b) Priority In selecting grant recipients under this section, the Secretary shall give priority to any institution of higher education (or consortium of such institutions) that— (1) proposes to use the grant for the establishment of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area— (A) in which no other such school is based; and (B) that is a medically underserved community or a health professional shortage area; or (2) is a minority-serving institution described in section 371(a) of the Higher Education Act of 1965. (c) Considerations In awarding grants under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States. (d) Use of funds An institution of higher education (or a consortium of such institutions)— (1) shall use grant amounts received under this section to— (A) recruit, enroll, and retain students, including individuals who are from disadvantaged backgrounds (including racial and ethnic groups underrepresented among medical students and health professions), individuals from rural and underserved areas, low-income individuals, and first generation college students, at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; and (B) develop, implement, and expand curriculum that emphasizes care for rural and underserved populations, including accessible and culturally and linguistically appropriate care and services, at such school or branch campus; and (2) may use grant amounts received under this section to— (A) plan and construct— (i) a school of medicine or osteopathic medicine in an area in which no other such school is based; or (ii) a branch campus of a school of medicine or osteopathic medicine in an area in which no other such school is based; (B) plan, develop, and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; (C) hire faculty, including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions, and other staff to serve at such a school or branch campus; (D) support educational programs at such a school or branch campus; (E) modernize and expand infrastructure at such a school or branch campus; and (F) support other activities that the Secretary determines further the establishment, improvement, or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine. (e) Application To be eligible to receive a grant under subsection (a), an institution of higher education (or a consortium of such institutions), shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of the institution’s or consortium's planned activities described in subsection (d). (f) Reporting (1) Reports from entities Each institution of higher education, or consortium of such institutions, awarded a grant under this section shall submit an annual report to the Secretary on the activities conducted under such grant, and other information as the Secretary may require. (2) Report to Congress Not later than 5 years after the date of enactment of this section and every 5 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that provides a summary of the activities and outcomes associated with grants made under this section. Such reports shall include— (A) a list of awardees, including their primary geographic location, and location of any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine that was established, improved, or expanded under this program; (B) the total number of students (including the number of students from racial and ethnic groups underrepresented among medical students and health professions, low-income students, and first generation college students) who— (i) are enrolled at or who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors, to the extent such information is available; and (ii) who subsequently participate in an accredited internship or medical residency program upon graduation from any school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, medical specialty pursued, and other relevant factors, to the extent such information is available; (C) the effects of such program on the health care provider workforce, including any impact on demographic representation disaggregated by race, ethnicity, and sex, and the fields or specialties pursued by students who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program; (D) the effects of such program on health care access in underserved areas, including medically underserved communities and health professional shortage areas; and (E) recommendations for improving the program described in this section, and any other considerations as the Secretary determines appropriate. (3) Public availability The Secretary shall make reports submitted under paragraph (2) publicly available on the internet website of the Department of Health and Human Services. (g) Definitions In this section: (1) Branch campus (A) In general The term branch campus , with respect to a school of medicine or osteopathic medicine, means an additional location of such school that is geographically apart and independent of the main campus, at which the school offers at least 50 percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus. (B) Independence from main campus For purposes of subparagraph (A), the location of a school described in such subparagraph shall be considered to be independent of the main campus described in such subparagraph if the location— (i) is permanent in nature; (ii) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential; (iii) has its own faculty and administrative or supervisory organization; and (iv) has its own budgetary and hiring authority. (2) First generation college student The term first generation college student has the meaning given such term in section 402A(h)(3) of the Higher Education Act of 1965. (3) Health professional shortage area The term health professional shortage area has the meaning given such term in section 332(a). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (5) Medically underserved community The term medically underserved community has the meaning given such term in section 799B(6). (h) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3422is/xml/BILLS-117s3422is.xml |
117-s-3423 | II 117th CONGRESS 1st Session S. 3423 IN THE SENATE OF THE UNITED STATES December 16, 2021 Ms. Sinema (for herself, Mr. Hagerty , 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 implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring.
1. Short title This Act may be cited as the Chance to Compete Act of 2021 . 2. Definitions (a) Terms defined in section 3308 of title 5, United States Code In this Act, the terms agency , Director , examining agency , Office , subject matter expert , and technical assessment have the meanings given those terms in subsection (a) of section 3308 of title 5, United States Code, as added by section 3(a). (b) Other terms In this Act, the term competitive service has the meaning given the term in section 2102 of title 5, United States Code. 3. Defining the term examination for purposes of hiring in the competitive service (a) In general Section 3308 of title 5, United States Code, is amended— (1) by striking The Office of Personnel Management and inserting the following: (a) Definitions (1) Examination defined for purposes of chapter For purposes of this chapter, the term examination , with respect to the competitive service— (A) means an opportunity to directly demonstrate knowledge, skills, abilities, and competencies, through a passing score assessment (unless the examining agency determines that another method, not limited to the outcomes of pass or fail, makes meaningful and objective differentiations in rating candidates); and (B) does not include a self-assessment from an automated examination, a résumé review (unless conducted by a subject matter expert in a structured manner), or any other method of determining the experience or level of educational attainment of an individual, alone. (2) Other terms In this section— (A) the term agency means an agency described in section 901(b) of title 31; (B) the term Director means the Director of the Office; (C) the term examining agency means— (i) the Office; or (ii) an agency to which the Director has delegated examining authority under section 1104(a)(2) of this title; (D) the term Office means the Office of Personnel Management; (E) the term passing score assessment means an assessment that an individual can pass or fail; (F) the term subject matter expert means an employee— (i) who is determined by the employee's agency to be an expert in the subject and job field of a position in the competitive service; and (ii) whom the employee's agency designates to develop and conduct technical assessments; and (G) the term technical assessment means a position-specific assessment developed under subsection (b)(1)(A). (b) Technical assessments (1) In general For the purpose of conducting an examination for a position in the competitive service, a subject matter expert who is determined by the subject matter expert's agency to be an expert in the subject and job field of the position, as affirmed and audited by the Chief Human Capital Officer or Human Resources Director (as applicable) of that agency, may— (A) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position; and (B) conduct the assessment developed under subparagraph (A) to— (i) determine whether an applicant for the position has a passing score to be qualified for the position; or (ii) rank applicants for the position as most qualified or qualified for category rating purposes under section 3319. (2) Types of assessments A technical assessment developed under paragraph (1) may include— (A) a structured interview; (B) a work-related sample; (C) a custom or generic behavioral assessment (which, if generic, may be customized as needed); or (D) another assessment. (3) Sharing and customization of assessments (A) Sharing An examining agency may share a technical assessment developed under paragraph (1) with another examining agency. (B) Customization An examining agency with which a technical assessment is shared under subparagraph (A) may customize the assessment as appropriate. (C) Platform for sharing and customization The Director shall establish and operate a platform on which examining agencies can share and customize technical assessments under this paragraph. (4) Adoption of determinations by other agencies For purposes of sections 3318(b) and 3319(c), an appointing authority, other than the appointing authority requesting a certificate of eligibles, that selects an individual from that certificate in accordance with such section 3318(b) or 3319(c) may adopt the determination described in paragraph (1) of this subsection of a subject matter expert employed by the requesting appointing authority instead of conducting an additional technical assessment of the individual. (c) Educational requirements The Office ; and (2) in subsection (c), as so designated, in the second sentence, by striking this section and inserting this subsection . (b) Implementation of passing score assessment requirement Not later than 1 year after the date of enactment of this Act, the Director and the head of any other examining agency shall eliminate the use of any examination for the competitive service that does not satisfy the definition of the term examination in subsection (a) of section 3308 of title 5, United States Code, as added by subsection (a) of this section. (c) OPM reporting (1) Public dashboard (A) In general The Director shall maintain and periodically update a publicly available dashboard that, with respect to each position in the competitive service for which an examining agency examined applicants during the applicable period, includes— (i) the type of assessment used, such as— (I) a behavioral off-the-shelf assessment; (II) a résumé review conducted by a subject matter expert; (III) an interview conducted by a subject matter expert; (IV) a technical off-the-shelf assessment; or (V) a cognitive ability test; (ii) whether or not the agency selected a candidate for the position; and (iii) the hiring authority used to fill the position. (B) Timing (i) Initial data Not later than 180 days after the date of enactment of this Act, the Director shall update the dashboard described in subparagraph (A) with data for positions in the competitive service for which an examining agency examined applicants during the period beginning on the date of enactment of this Act and ending on the date of submission of the report. (ii) Subsequent updates Not later than October 1 of each fiscal year beginning after the date on which the dashboard is initially updated under clause (i), the Director shall update the dashboard described in subparagraph (A) with data for positions in the competitive service for which an examining agency examined applicants during the preceding fiscal year. (2) Annual progress report Each year, the Director shall make publicly available and submit to Congress an overall progress report that includes summary data of the use of examinations (as defined in subsection (a) of section 3308 of title 5, United States Code, as added by subsection (a) of this section) for the competitive service, including technical assessments, broken down by applicant demographic indicator, including veteran status, race, gender, disability, and any other measure the Director determines appropriate, using the data available as of October 1, 2020, as a baseline. (d) GAO report Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) assesses the implementation of this section and the amendments made by this section; (2) assesses the impact and modifications to the hiring process for the competitive service made by this section and the amendments made by this section; and (3) makes recommendations for the improvement of the hiring process for the competitive service. 4. Amendments to Competitive Service Act of 2015 (a) Platforms for sharing certificates of eligibles Section 3318(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 240-day and inserting 1-year ; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) Platform for sharing résumés of individuals on certificates of eligibles The Director of the Office shall establish and operate a platform on which an appointing authority can share, with other appointing authorities and the Chief Human Capital Officers Council established under section 1303 of the Chief Human Capital Officers Act of 2002 ( 5 U.S.C. 1401 note; Public Law 107–296 ), the résumés of individuals who are on a certificate of eligibles requested by the appointing authority. . (b) Maximizing sharing of applicant information Section 2 of the Competitive Service Act of 2015 ( Public Law 114–137 ; 130 Stat. 310) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Maximizing sharing of applicant information (1) Definitions In this subsection— (A) the terms agency , Director , and Office have the meanings given those terms in section 3308(a) of title 5, United States Code; and (B) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (2) Maximizing sharing The Director shall maximize the sharing of information among agencies regarding qualified applicants for positions in the competitive service, including by— (A) providing for the delegation to other agencies of the authority of the Office to host multi-agency hiring actions to increase the return on investment on high-quality pooled announcements; and (B) sharing certificates of eligibles for appointment. . (c) Amendment of implementing regulations Not later than 180 days after the date of enactment of this Act, the Director shall promulgate regulations to carry out the amendments made by this section. 5. Modernizing and reforming the assessment and hiring of Federal job candidates (a) In general Subsection (c) of section 3308 of title 5, United States Code, as so designated by section 3(a), is amended— (1) by striking scientific, technical, or professional ; (2) by inserting legally before performed ; and (3) by inserting in a jurisdiction in which the duties of the position are to be performed after a prescribed minimum education . (b) Implementation (1) Regulations and guidance documents Not later than 1 year after the date of enactment of this Act, the Director shall amend all regulations and guidance documents as necessary to implement the amendments made by subsection (a). (2) Hiring practices Not later than 1 year after the date of enactment of this Act, the Director and the head of any other examining agency shall amend the hiring practices of the Office or the other examining agency, respectively, in accordance with the amendments made by subsection (a). 6. Talent teams (a) Federal agency talent teams (1) In general An agency may establish 1 or more talent teams (referred to in this section as agency talent teams ), including at the component level. (2) Duties An agency talent team shall provide hiring support to the agency and other agencies, including by— (A) improving examinations (as defined in subsection (a) of section 3308 of title 5, United States Code, as added by section 3(a)); (B) facilitating writing job announcements for the competitive service; (C) sharing high-quality certificates of eligibles; and (D) facilitating hiring for the competitive service using examinations (as defined in such subsection (a)) and subject matter experts. (b) Office of Personnel Management The Director may establish a Federal talent team to support agency talent teams in facilitating pooled hiring actions across the Federal Government, providing training, and creating technology platforms to facilitate hiring for the competitive service, including— (1) the development of technical assessments; and (2) the sharing of certificates of eligibles under sections 3318(b) and 3319(c) of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3423is/xml/BILLS-117s3423is.xml |
117-s-3424 | II 117th CONGRESS 1st Session S. 3424 IN THE SENATE OF THE UNITED STATES December 16, 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 allow early childhood educators to take the educator expense deduction, and for other purposes.
1. Short title This Act may be cited as the Supporting Early-childhood Educators’ Deductions Act or the SEED Act . 2. Educator expense deduction to include early childhood educators (a) In general Section 62 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(2)(D), by striking elementary and secondary in the heading and inserting early childhood, elementary, and secondary ; (2) in subsection (d)(1)(A), by striking kindergarten through grade 12 teacher and inserting, early childhood or kindergarten through grade 12 teacher, educator ; and (3) in subsection (d)(1)(B), by striking elementary education or secondary education and inserting early childhood education (through pre-kindergarten) or elementary or secondary education . (b) Effective date The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s3424is/xml/BILLS-117s3424is.xml |
117-s-3425 | II 117th CONGRESS 1st Session S. 3425 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorizations for certain National Heritage Areas, and for other purposes.
1. Short title This Act may be cited as the National Heritage Area Authority Extension Act of 2021 . 2. Extension of certain National Heritage Area authorities (a) Illinois and Michigan Canal National Heritage Corridor Section 126 of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking the date that is 15 years after the date of enactment of this section and inserting September 30, 2036 . (b) John H. Chafee Blackstone River Valley National Heritage Corridor Section 10(a) of Public Law 99–647 ( 54 U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 3804) is amended by striking 2021 and inserting 2036 . (c) Delaware and Lehigh National Heritage Corridor Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 ( 54 U.S.C. 320101 note; Public Law 100–692 ; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended— (1) in subsection (c)(1), by striking 2021 and inserting 2036 ; and (2) in subsection (d), by striking 2021 and inserting 2036 . (d) The Last Green Valley National Heritage Corridor Section 106(b) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4755; 113 Stat. 1728; 123 Stat. 1291; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (e) National Coal Heritage Area Section 107 of the National Coal Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (f) Tennessee Civil War Heritage Area Section 208 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (g) Augusta Canal National Heritage Corridor Section 310 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (h) Rivers of Steel National Heritage Area Section 408 of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (i) Essex National Heritage Area Section 507 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (j) South Carolina National Heritage Corridor Section 607 of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (k) America's Agricultural Heritage Partnership Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (l) Ohio & Erie National Heritage Canalway Section 809 of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (m) Maurice D. Hinchey Hudson River Valley National Heritage Area Section 910 of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (n) MotorCities National Heritage Area Section 109 of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (o) Lackawanna Valley National Heritage Area Section 108 of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (p) Schuylkill River Valley National Heritage Area Section 209 of the Schuylkill River Valley Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (q) Wheeling National Heritage Area Subsection (i) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (r) Yuma Crossing National Heritage Area Section 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–319 ; 114 Stat. 1284; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (s) Erie Canalway National Heritage Corridor Section 811 of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–295; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (t) Blue Ridge National Heritage Area Subsection (j) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (u) National Aviation Heritage Area Section 512 of the National Aviation Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3367; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036 . (v) Oil Region National Heritage Area Section 608 of the Oil Region National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3372; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036 . (w) Northern Rio Grande National Heritage Area Section 208 of the Northern Rio Grande National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1790) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (x) Atchafalaya National Heritage Area Section 221 of the Atchafalaya National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1795) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (y) Arabia Mountain National Heritage Area Section 240 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1799) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (z) Mormon Pioneer National Heritage Area Section 260 of the Mormon Pioneer National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1807) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (aa) Freedom's Frontier National Heritage Area Section 269 of the Freedom's Frontier National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1813) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (bb) Upper Housatonic Valley National Heritage Area Section 280B of the Upper Housatonic Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1819) is amended by striking the day occurring 15 years after the date of the enactment of this subtitle and inserting September 30, 2036 . (cc) Champlain Valley National Heritage Partnership Section 289 of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (dd) Great Basin National Heritage Route Section 291J of the Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1831) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (ee) Gullah/Geechee Cultural Heritage Corridor Section 295L of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1837) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (ff) Crossroads of the American Revolution National Heritage Area Section 297H of the Crossroads of the American Revolution National Heritage Area Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1844) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (gg) Abraham Lincoln National Heritage Area Section 451 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 824) is amended by striking the date that is 15 years after the date of the enactment of this subtitle and inserting September 30, 2036 . (hh) Journey Through Hallowed Ground National Heritage Area Section 411 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 809) is amended by striking the date that is 15 years after the date of enactment of this subtitle and inserting September 30, 2036 . (ii) Niagara Falls National Heritage Area Section 432 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 818) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (jj) Kenai Mountains-Turnagain Arm National Heritage Area Section 8010(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1288) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . 3. Authorizations of appropriations for certain National Heritage Areas (a) Rivers of Steel National Heritage Area Section 409(a) of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000 . (b) Essex National Heritage Area Section 508(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000 . (c) South Carolina National Heritage Corridor Section 608(a) of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 122 Stat. 824; 133 Stat. 2714) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000 . (d) America’s Agricultural Heritage Partnership Section 708(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000 . (e) Ohio & Erie National Heritage Canalway Section 812(a) of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 133 Stat. 778) is amended by striking $20,000,000 and inserting $22,000,000 . (f) Maurice D. Hinchey Hudson River Valley National Heritage Area Section 909(c) of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4280; 122 Stat. 824) is amended, in the matter preceding paragraph (1), by striking $15,000,000 and inserting $17,000,000 . (g) MotorCities National Heritage Area Section 110(a) of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 133 Stat. 778) is amended, in the second sentence, by striking $12,000,000 and inserting $14,000,000 . (h) Wheeling National Heritage Area Subsection (h)(1) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 133 Stat. 778) is amended by striking $15,000,000 and inserting $17,000,000 . (i) Erie Canalway National Heritage Corridor Section 810(a)(1) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–303; 131 Stat. 461; 133 Stat. 2714) is amended by striking $14,000,000 and inserting $16,000,000 . (j) Illinois and Michigan Canal National Heritage Corridor Section 125(a) of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking $10,000,000 and inserting $12,000,000 . (k) The Last Green Valley National Heritage Corridor Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4756; 113 Stat. 1729; 123 Stat. 1292; 133 Stat. 2714) is amended, in the first sentence, by striking $17,000,000 and inserting $19,000,000 . (l) Lackawanna Valley National Heritage Area Section 109(a) of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 134 Stat. 1505) is amended by striking $12,000,000 and inserting $14,000,000 . (m) Schuylkill River Valley National Heritage Area Section 210(a) of the Schuylkill River Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824) is amended by striking $10,000,000 and inserting $12,000,000 . (n) Blue Ridge National Heritage Area Subsection (i)(1) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking $14,000,000 and inserting $16,000,000 . 4. Extension of certain National Heritage and Cultural Heritage Corridor commissions (a) Erie Canalway National Heritage Corridor Commission Section 804(j) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–299; 123 Stat. 1294; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (b) Gullah/Geechee Cultural Heritage Corridor Commission Section 295D(d) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833; 130 Stat. 962) is amended by striking 15 years after the date of enactment of this Act and inserting on September 30, 2036 . 5. Extension of deadline to complete certain management plans Section 6001(c)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 54 U.S.C. 320101 note; Public Law 116–9 ; 133 Stat. 772) is amended by striking 3 and inserting 5 . 6. Redesignation of heritage areas (a) Silos & Smokestacks National Heritage Area (1) Redesignation The America’s Agricultural Heritage Partnership established by section 703(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ; 110 Stat. 4266) shall be known and designated as the Silos & Smokestacks National Heritage Area . (2) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the partnership referred to in subsection (a) shall be deemed to be a reference to the Silos & Smokestacks National Heritage Area . (b) Great Basin National Heritage Area (1) Designation of the Great Basin National Heritage Area The Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended— (A) by striking the Heritage Route each place it appears and inserting the Heritage Area ; (B) by striking along each place it appears and inserting in ; (C) in the subtitle heading, by striking Route and inserting Area ; (D) in section 291, by striking Route and inserting Area ; (E) in section 291A(a)— (i) in paragraphs (2) and (3), by striking the Great Basin Heritage Route each place it appears and inserting the Great Basin National Heritage Area ; and (ii) in paragraph (13), by striking a Heritage Route and inserting a Heritage Area ; (F) in section 291B, by striking paragraph (2) and inserting the following: (2) Heritage area The term Heritage Area means the Great Basin National Heritage Area established by section 291C(a). ; (G) in section 291C— (i) in the section heading, by striking Route and inserting Area ; and (ii) in subsection (a), by striking Heritage Route and inserting Heritage Area ; and (H) in section 291L(d), in the subsection heading, by striking in Heritage Route and inserting in Heritage Area . (2) Designation of Great Basin Heritage Area Partnership The Great Basin National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking Great Basin Heritage Route Partnership each place it appears and inserting Great Basin Heritage Area Partnership . | https://www.govinfo.gov/content/pkg/BILLS-117s3425is/xml/BILLS-117s3425is.xml |
117-s-3426 | II 117th CONGRESS 1st Session S. 3426 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Menendez (for himself, Mr. Booker , Mr. Van Hollen , Mrs. Shaheen , Mr. Kaine , Mr. Cardin , Mr. Merkley , Mr. Markey , Mr. Schatz , Mr. Coons , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote diversity at the Department of State, to direct the Secretary of State to review the termination characterization of former members of the Department who were fired by reason of their sexual orientation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of State Inclusivity 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 Diverse Workforce: Recruitment, Retention, and Promotion Sec. 101. Definitions. Sec. 102. Office of the Chief Diversity and Inclusion Officer. Sec. 103. Collection, analysis, and dissemination of workforce data. Sec. 104. Workforce interviews. Sec. 105. Recruitment and retention. Sec. 106. Sense of Congress on support for equal employment opportunity and merit principles criteria. Sec. 107. Leadership engagement and accountability. Sec. 108. Professional development opportunities and tools. Sec. 109. Examination and oral assessment for the Foreign Service. Sec. 110. Sense of Congress on veterans' recruitment for the Foreign Service. Sec. 111. Department of State and USAID fellowships and programs. Sec. 112. Expansion of Diplomats in Residence Program. Sec. 113. Use of gender neutral terms in employee evaluation forms. Sec. 114. Voluntary participation. Sec. 115. Sense of Congress on diversity, equity, and inclusion in the foreign affairs workforce. Sec. 116. Employee assignment restrictions and preclusions. Sec. 117. Mentorship program. Sec. 118. Senior Executive Service Candidate Development Program. TITLE II—LOVE Act of 2021 Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Director General review. Sec. 204. Reports on reviews. Sec. 205. Establishment of Reconciliation Board. Sec. 206. Issuance of apology. Sec. 207. Establishment of permanent exhibit on the Lavender Scare. Sec. 208. Guidance on issuing visas. Sec. 209. Establishment of Advancement Board. TITLE III—SHAPE Act of 2021 Sec. 301. Short title; rule of construction. Sec. 302. Department of State policy and procedures on prevention and response to harassment, discrimination, sexual assault, and related retaliation. Sec. 303. Reporting, documentation, and investigation procedures. Sec. 304. Sexual assault protocol and victim care. Sec. 305. Rights of employees harassed, discriminated against, retaliated against, or sexually assaulted. Sec. 306. Provision of climate surveys. Sec. 307. Reports to Congress, the Department, and the public. Sec. 308. Required training for Department personnel. Sec. 309. Hiring, vetting, and promotion. Sec. 310. Nondisclosure and nondisparagement agreements. Sec. 311. Sense of Congress on sexual harassment and assault prevention and eradication in the foreign affairs workforce. I A Diverse Workforce: Recruitment, Retention, and Promotion 101. Definitions In this title: (1) Applicant flow data The term applicant flow data means data that tracks the rate of applications for job positions among demographic categories. (2) 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. (3) Demographic data The term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (4) Department The term Department means the Department of State. (5) Diversity The term diversity means those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (6) Secretary The term Secretary means the Secretary of State. (7) Workforce The term workforce means— (A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); (B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (C) all individuals serving under a personal services agreement or personal services contract; (D) all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 ); or (E) individuals working in the Department of State under any other authority. 102. Office of the Chief Diversity and Inclusion Officer Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Chief Diversity and Inclusion Officer (1) In general There shall be established within the Department of State in the immediate office of the Secretary an Office of the Chief Diversity and Inclusion Officer, which shall have at least two additional members of staff. The head of the Office of the Chief Diversity and Inclusion Officer shall report directly to the Secretary. (2) Duties The Office of the Chief Diversity and Inclusion Officer shall— (A) lead the development and implementation of proactive diversity, equity, and inclusion initiatives in support of the Department’s strategic plan to create a culture for diversity, equity, and inclusion; (B) work with the Office of Management and Budget to assess areas of improvement for recruitment and retention; (C) ensure the recruitment and retention of a diverse workforce, including through collaboration with other Department offices and bureaus to support them in assessing potential barriers and developing recruitment and retention strategies; (D) recommend training initiatives on cultural competency, gender differences, disability, sexual harassment, explicit and implicit bias, and other topics designed to increase awareness and support of equity and inclusion values; (E) ensure the Department maintains compliance with all relevant and applicable laws and regulations; and (F) coordinate and engage with the Office of Civil Rights and the Bureau of Global Talent Management as necessary. . 103. Collection, analysis, and dissemination of workforce data (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, submit to the appropriate congressional committees a report, which shall also be posted on a publicly available website of the Department in a searchable database format, that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data The report under subsection (a) shall include the following data: (1) Demographic data on each element of the workforce of the Department, disaggregated by rank and grade or grade-equivalent, with respect to the following groups: (A) Applicants for positions in the Department. (B) Individuals hired to join the workforce. (C) Individuals promoted during the 2-year period ending on the date of the enactment of this Act, including promotions to and within the Senior Executive Service or the Senior Foreign Service. (D) Individuals serving on applicable selection boards. (E) Members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department. (F) Individuals participating in professional development programs of the Department, and the extent to which such participants have been placed into senior positions within the Department after such participation. (G) Individuals participating in mentorship or retention programs. (H) Individuals who separated from the agency during the 2-year period ending on the date of the enactment of this Act, including individuals in the Senior Executive Service or the Senior Foreign Service. (2) An assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003. (3) Data on the overall number of individuals who are part of the workforces of the Department of State overall and within each bureau of the Department, the percentages of such workforce corresponding to each element listed in section 101(6), and the percentages corresponding to each rank, grade, or grade-equivalent. (4) Data on the promotion outcomes of women and racial or ethnic minorities in mid-career ranks of the workforce. (5) Demographic data, disaggregated by rank and grade or grade-equivalent, of contractors and subcontractors, as well as the nongovernmental organizations and civil society organizations that win bids or obtain contracts and grants and serve as subcontractors. (c) Recommendation The Secretary may include in the report under subsection (a) a recommendation to the Director of the Office of Management and Budget and to the appropriate congressional committees regarding whether the Department should collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (d) Other contents The report under subsection (a) shall also describe the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ) and other hiring initiatives, including a description of efforts to provide opportunities for paid internships; (F) recruiting mid-level and senior-level professionals through programs designed to increase minority representation in international affairs; (G) offering the Foreign Service written and oral assessment examinations in multiple locations throughout the United States to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; and (H) supporting recruiting and hiring opportunities including through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; (iii) the International Career Advancement Program; and (iv) other initiatives, including agency-wide policy initiatives. (e) Annual updates Not later than one year after the publication of the report required under subsection (a), and annually thereafter for five years, the Secretary shall, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, provide a report to the appropriate congressional committees, which shall be posted on the Department’s website and may be included in another annual report required under another provision of law, that includes— (1) disaggregated demographic data relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (2) an analysis of applicant flow data; and (3) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. 104. Workforce interviews (a) Retained members The Director General of the Foreign Service and the Director of the Bureau of Global Talent Management of the Department should conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. (b) Departing members The Director General of the Foreign Service and the Director of the Bureau of Global Talent Management shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service. (c) Use of analysis from interviews The Director General of the Foreign Service and the Director of the Bureau of Global Talent Management shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine— (1) to what extent, if any, the diversity of those conducting the interviews impacts the results; and (2) whether to implement any policy changes or include any recommendations in a report required under subsection (a) or (e) of section 102 relating to the determination reached pursuant to paragraph (1). (d) Tracking data The Chief Diversity Officer shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs. 105. Recruitment and retention (a) In general The Secretary should— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the Foreign Service and the Director of the Bureau of Global Talent Management of the Department to have a plan of action for the recruitment of people belonging to traditionally underrepresented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. (b) Scope The diversity recruitment initiatives described in subsection (a) should include— (1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and (5) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-Harassment and anti-Discrimination (1) In general The Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies; (B) expand the provision of training on workplace rights and responsibilities to focus on explicit and implicit bias, including training on the effects of bias; and (C) make such expanded training mandatory for— (i) individuals in senior and supervisory positions; and (ii) individuals having responsibilities related to recruitment, retention, or promotion of employees. (2) Best practices Each agency shall give special attention to ensuring the continuous incorporation of evidence-based best practices in training provided under this subsection. 106. Sense of Congress on support for equal employment opportunity and merit principles criteria It is the sense of Congress that— (1) the support for equal employment opportunity and merit principles criteria for tenure and promotion in the Foreign Service is critical to promoting a more diverse Foreign Service; (2) equal employment opportunity and merit principles criteria for tenure and promotion in the Civil Service is critical to promoting a more diverse Civil Service; and (3) the Department should— (A) develop mechanisms to ensure that the Foreign Service promotion list appropriately promotes a diverse workforce; (B) develop mechanisms to ensure that the Civil Service appropriately promotes a diverse workforce; (C) establish criteria within the Foreign Service Employee Evaluation Report that include evaluating the support of Foreign Service officers for equal employment opportunities; and (D) establish criteria to evaluate the support of Civil Service officers for equal employment opportunities. 107. Leadership engagement and accountability (a) Reward and recognize efforts To promote diversity and inclusion (1) In general The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion within the workforce on a regular basis, including with employee resource groups. (b) Sense of Congress on external advisory committees and boards It is the sense of Congress that the Secretary should ensure that qualified teams that represent the diversity of the Department review in advance appointments to external advisory committees or boards by senior officials in the Department. 108. Professional development opportunities and tools (a) Expand provision of professional development and career advancement opportunities The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as— (1) academic programs; (2) private-public exchanges; and (3) detail assignments to relevant positions in— (A) private or international organizations; (B) State, local, and Tribal governments; (C) other branches of the Federal Government; or (D) schools of international affairs or those with related programs. (b) Training for senior positions (1) In general The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department. (2) Requirements In determining which members of the workforce are granted professional development or career advancement opportunities under paragraph (1), the Secretary shall— (A) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (B) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (C) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (D) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. 109. Examination and oral assessment for the Foreign Service (a) Sense of congress It is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered. (b) Foreign service examinations Section 301(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ) is amended— (1) by striking The Secretary and inserting: (1) The Secretary ; and (2) by adding at the end the following new paragraphs: (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States, and that those examinations give sufficient weight to a candidate’s commitment to inclusion and diversity. (3) The Secretary shall consider whether participants in Department fellowship programs should be required to take oral examinations, and whether there is any justification for requiring certain, but not all, fellowship participants to take such examinations. . 110. Sense of Congress on veterans' recruitment for the Foreign Service It is the sense of Congress that the Foreign Service exam should be offered in multiple diverse locations, at least in three different time zones in a calendar year, to encourage more accessibility to the test, especially for veterans and members of the United States Armed Forces transitioning to civilian life. 111. Department of State and USAID fellowships and programs (a) Education grants The Secretary of State may make grants to postsecondary educational institutions, including minority-serving institutions, or students for the purpose of increasing knowledge and awareness of and interest in employment with the Civil Service. To the extent possible, the Secretary shall give special emphasis to promoting such knowledge and awareness of, and interest in employment with, the Civil Service among minority students. Any grants awarded shall be made pursuant to regulations to be established by the Secretary of State, which shall provide for a limit on the size of any specific grant and, regarding any grants to individuals, shall ensure that no grant recipient receives an amount of grants from one or more Federal programs which in the aggregate would exceed the cost of his, her, or their education and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds. (b) Donald M. Payne International Development Fellowship Program Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program are authorized and encouraged to conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds. (c) Review of past programs The Secretary of State and the Administrator of the United States Agency for International Development shall review past and present programs, including the Donald M. Payne International Development Fellowship Program, the Thomas R. Pickering Fellowship in International Affairs, and the Charles B. Rangel International Affairs Program, designed to increase minority representation in international affairs positions. 112. Expansion of Diplomats in Residence Program Not later than one year after the date of the enactment of this Act, the Secretary of State shall double the number of diplomats in the Diplomats in Residence Program as of the date of the enactment of this Act. 113. Use of gender neutral terms in employee evaluation forms The Secretary shall develop a pilot program to use gender neutral terms in employee evaluation forms. 114. Voluntary participation (a) In general Nothing in this title shall be construed so as to compel any Department personnel to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. 115. Sense of Congress on diversity, equity, and inclusion in the foreign affairs workforce It is the sense of Congress that the foreign affairs workforce, including the United States Agency for International Development, the Broadcasting Board of Governors, the Peace Corps, the Development Finance Corporation, and the Millennium Challenge Corporation, should take significant steps to improve diversity, equity, and inclusion in their workforce, especially as it relates to recruitment, retention, and promotion. 116. Employee assignment restrictions and preclusions (a) Sense of Congress It is the sense of Congress that the Department of State should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. (b) Appeals of assignment restriction or preclusion Section 414(a) of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by adding at the end the following: The right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance, including the participation of the Chief Diversity and Inclusion Officer serving on the Security Appeals Panel as part of any appeals process. Any such appeal shall be resolved not later than 60 days after the appeal is filed. . 117. Mentorship program (a) In general The Foreign Service Act of 1980 is amended by inserting after section 708 ( 22 U.S.C. 4028 ) the following new section: 709. Mentorship program (a) In general The Secretary of State shall establish in the Department of State a mentorship program to match interested participants who are— (1) entry-level members of the Foreign Service; and (2) mid-level members of the Foreign Service. (b) Duration Individuals participating in the mentorship program under this section should participate for a minimum of two years. (c) Employee Affinity Groups Members of Employee Affinity Groups shall be encouraged to participate in the mentorship program established under this section. (d) Service as a mentor in the mentorship program may be considered as satisfying the criteria described in section 603(b)(1). . (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 708 the following new item: Sec. 709. Mentorship program. . (c) Mentorship program for civil service (1) In general The Secretary of State shall establish a mentorship program to match mentors with interested participants who are— (A) members of the civil service at the GS–12 level and below; and (B) members of the civil service from at the GS–13 level to the GS–15 level. (2) Duration Individuals participating in the civil service mentorship program under paragraph (1) should participate for a minimum of two years. (3) Inclusion of employee affinity groups Members of employee affinity groups shall be encouraged to participate in the civil service mentorship program established under paragraph (1). 118. Senior Executive Service Candidate Development Program (a) In general The Secretary of State shall offer the Senior Executive Service Candidate Development Program every three years to members of the civil service at the Department of State at the GS–14 and GS–15 levels. (b) Report The Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report detailing disaggregated demographic information of candidates referred by each bureau of the Department of State to interview for the Senior Executive Service, including de-identified demographic information, disaggregated by bureau, relating to the diversity of such candidates. II LOVE Act of 2021 201. Short title This title may be cited as the Lavender Offense Victim Exoneration Act of 2021 or the LOVE Act of 2021 . 202. Findings Congress makes the following findings: (1) During the so-called Lavender Scare , at least 1,000 people were wrongfully dismissed from the Department of State for alleged homosexuality during the 1950s and well into the 1960s. (2) According to the Department of State’s Bureau of Diplomatic Security, Department of State employees were forced out of the Department on the grounds that their sexual orientation ostensibly made them vulnerable to blackmail and rendered them security risks. (3) In addition to those wrongfully terminated, many other patriotic Americans were prevented from joining the Department due to a screening process that was put in place to prevent the hiring of those who, according to the findings of the Bureau of Diplomatic Security, “seemed like they might be gay or lesbian”. (4) Congress bears some responsibility for these discriminatory actions as the Department’s actions were in part a response to congressional investigations into sex perversion of Federal employees , reports on the employment of moral perverts by Government Agencies , hearings and pressure placed on the Department through the appropriations process and congressional complaints that Foggy Bottom was rampant with homosexuals who were sympathetic to Communism and vulnerable to blackmail . (5) Between 1950 and 1969, the Department of State was required to report on the number of homosexuals fired each year as part of their annual appeals before the Committees on Appropriations. (6) Although the worst effects of the Lavender Scare are behind us, as recently as the early 1990s, the Department of State's diplomatic security office was investigating State personnel thought to be gay and driving them out of government service as security risks . (7) In 1994, Secretary of State Warren Christopher issued a prohibition against discrimination at the Department of State, including that based on sexual orientation. (8) In 1998, President William Jefferson Clinton signed Executive Order 13087 barring discrimination on the basis of sexual orientation. (9) On January 9, 2017, Secretary of State John Kerry issued a statement regarding the Lavender Scare , saying, On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community. . 203. Director General review (a) Review The Director General of the Foreign Service and Director of the Bureau of Global Talent Management of the Department of State, in consultation with the Historian of the Department of State, shall review all employee terminations that occurred after January 1, 1950, to determine who was wrongfully terminated owing to their sexual orientation or gender identity, whether real or perceived. (b) Report Not later than 270 days after the date of the enactment of this Act, the Director General shall, consistent with applicable privacy regulations, compile the information required under subsection (a) in a publicly available report. The report shall include historical statements made by officials of the Department of State and Congress encouraging and implementing policies and tactics that led to the termination of employees due to their sexual orientation or gender identity. 204. Reports on reviews (a) Reviews The Secretary of State shall conduct reviews of the consistency and uniformity of the reviews conducted by the Director General under section 203. (b) Reports Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to Congress a report on the reviews conducted under section 203. Each report shall include any comments or recommendations for continued actions. 205. Establishment of Reconciliation Board (a) Establishment The Secretary of State shall establish, within the Office of Civil Rights of the Department of State, an independent Reconciliation Board to review the reports released by the Director General of the Foreign Service and the Director of the Bureau of Global Talent Management under section 203(b). (b) Duties The Reconciliation Board shall— (1) consistent with applicable privacy regulations, contact all employees found to be fired due to the Lavender Scare or, in the case of deceased former employees, the family members of the employees, to inform them that their termination from the Department of State has been deemed inappropriate and that, if they wish, their employment record can be changed to reflect these findings; (2) designate a point of contact at a senior level position within the Office of the Director General of the Foreign Service and the Director of the Bureau of Global Talent Management to receive oral testimony of any employees or family members of deceased employees mentioned in the report who personally experienced discrimination and termination because of the actual or perceived sexual orientation or gender identity in order that such testimony may serve as an official record of these discriminatory policies and their impact on the lives of United States citizens serving their Nation; and (3) provide an opportunity for any former employee not mentioned in the report to bring forth a grievance to the Board if they believe they were terminated due to their sexual orientation or gender identity. (c) Review of claims (1) In general The Board shall review each claim described in subsection (b) within 150 days of receiving the claim. Lack of paperwork may not be used as a basis for dismissing any claims. (2) Cooperation The Department of State shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated. (d) Termination The Board shall terminate 5 years after the date of the enactment of this Act. 206. Issuance of apology (a) Finding Secretary of State Kerry delivered the following apology on January 9, 2017: Throughout my career, including as Secretary of State, I have stood strongly in support of the LGBTI community, recognizing that respect for human rights must include respect for all individuals. LGBTI employees serve as proud members of the State Department and valued colleagues dedicated to the service of our country. For the last several years, the Department has pressed for the families of LGBTI officers to have the same protections overseas as families of other officers. In 2015, to further promote LGBTI rights throughout the world, I appointed the first ever Special Envoy for the Human Rights of LGBTI Persons. In the past—as far back as the 1940s, but continuing for decades—the Department of State was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation, forcing some employees to resign or refusing to hire certain applicants in the first place. These actions were wrong then, just as they would be wrong today. On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community. . (b) Congressional apology Congress hereby offers a formal apology for its responsibility in encouraging the Lavender Scare and similar policies at the Department of State, as these policies were in part a response to congressional investigations into sex perversion of Federal employees , reports on the employment of moral perverts by Government Agencies , and hearings or pressure otherwise placed on the Department of State through the appropriations process. 207. Establishment of permanent exhibit on the Lavender Scare (a) In general The Secretary of State, working with the current public-private partnership associated with the Department of State's United States Diplomacy Center, shall establish a permanent exhibit on the Lavender Scare in the museum to assure that the history of this discriminatory episode is not brushed aside. (b) Specifications The exhibit— (1) shall be installed at the museum not later than one year after the date of enactment of this Act; (2) shall provide access to the reports compiled by the Director General of the Foreign Service and the Director of the Bureau of Global Talent Management under section 203(b); and (3) shall readily display material gathered from oral testimony received pursuant to section 205(b)(2) from employees or family members of deceased employees who were subject to these discriminatory policies during the Lavender Scare . 208. Guidance on issuing visas To demonstrate the Department of State's commitment to ensuring fairness for current employees, not later than 100 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on countries not issuing spousal visas to the spouses of all Foreign Service personnel posted overseas due to their sexual orientation or gender identity. This report shall include any comments or recommendations for actions, including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of Foreign Service personnel, that will lead to ensuring that all spouses of Foreign Service personnel receive spousal visas for the country their spouse is assigned, regardless of sexual orientation or gender identity. 209. Establishment of Advancement Board (a) Establishment The Secretary of State shall establish, within the Office of the Director General of the Department of State, a board comprised of senior-level officials to address the issues faced by LGBTQI+ Foreign Service employees and their families. (b) Hearing of testimony The Advancement Board shall hear testimony from any willing LGBTQI+ Foreign Service employees and their families regarding any discrimination they have faced due to their sexual orientation. (c) Report (1) In general Not later than 100 days after completing collection of testimony described under subsection (b), and annually thereafter for 5 years, the Advancement Board shall submit to Congress a report based on the testimony. (2) Content The report required under paragraph (1) shall include any comments or recommendations for continued actions to improve the Department of State to ensure that no employee or their family members experience discrimination due to their sexual orientation or gender identity. (3) Privacy The report required under paragraph (1) shall remain private and will only be accessible to Members of Congress, their appropriate staff, and members of the Advancement Board. III SHAPE Act of 2021 301. Short title; rule of construction (a) Short title This title may be cited as the State Harassment and Assault Prevention and Eradication Act of 2021 or the SHAPE Act of 2021 . (b) Rule of construction Nothing in this title shall be construed to supersede or otherwise affect the discrimination protections or related processes provided under section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to officers and employees of the Department of State or applicants for employment at the Department. 302. Department of State policy and procedures on prevention and response to harassment, discrimination, sexual assault, and related retaliation (a) Comprehensive policy on prevention and response Not later than one year after the date of the enactment of this Act, the Secretary of State shall develop a comprehensive policy for the Department of State on the prevention of and response to harassment, discrimination, sexual assault, and related retaliation involving employees, contractors, and officials of the Department. (b) Elements of comprehensive policy The policy developed under subsection (a) may include elements as the Secretary deems necessary, but shall include, at a minimum, the following: (1) Prevention measures. (2) Education and training on prevention and response, as provided in this title. (3) Investigation of complaints. (4) Medical treatment of victims. (5) Mechanisms for confidential reporting of incidents by staff and service contractors, to include online and telephonic methods. (6) Victim advocacy, intervention, and counseling for covered employees of the Department who are victims of harassment, discrimination, sexual assault, and related retaliation that shall be made available, irrespective of where such covered employees are located, to assist and guide such victims. (7) Supportive services, including counseling and victim advocacy, that shall be made available irrespective of whether the victim identifies the accused individual. (8) Oversight and review of administrative and disciplinary actions, to include termination, for employees and officials of the Department of State. (9) Review by appropriate authority of administrative separation actions involving victims of harassment, discrimination, sexual assault, and related retaliation. (10) Uniform collection of data on the incidence of violations and on disciplinary actions taken in cases of harassment, discrimination, sexual assault, and related retaliation. (11) Procedures for disciplinary action in cases of harassment, discrimination, sexual assault, and related retaliation by employees or officials of the Department. (12) Workforce communications relating to harassment, discrimination, sexual assault, and related retaliation prevention, discipline, and reporting, to include printed and electronic materials made available in both English and the working languages at overseas posts, made available for all staff. (13) Acknowledgment of the challenges facing vulnerable groups including women, people of color, members of the LGBTQI+ community, entry-level officers, and locally employed staff. (14) Policies regarding the retention of documents relating to complaints, investigations, and disciplinary action. (c) Clarification of victim reporting and case resolution The Secretary of State shall review Department of State processes for victim reporting and resolution of complaints, as in effect on the date of enactment of this Act, to ensure that the Department’s procedures are clear and easily accessible to all covered employees. Such review shall be included in the report to be submitted in section 307. (d) Application of comprehensive policy to offices in the Department of State The Secretary of State shall ensure that the policy developed under subsection (a) is implemented uniformly by the bureaus and offices of the Department of State. (e) Coordination with other agencies The Department of State is directed to coordinate with other United States Government agencies which provide personnel to serve in overseas posts under Chief of Mission authority to develop interagency policies for addressing, reporting, and disciplining incidents of harassment, discrimination, sexual assault, or related retaliation occurring between covered employees and non-covered employees. 303. Reporting, documentation, and investigation procedures (a) Definitions In this title: (1) The term covered employee means— (A) any officer or employee (including any temporary, part-time, contract, intermittent employee, intern, fellow, or other unpaid staff; both American citizens and foreign nationals) performing work for or on behalf of the Department of State; (B) members of the Foreign Service (as that term is defined under section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )), to include Foreign Service Officers, Foreign Service Specialists, Locally Employed Staff, and Consular Agents; and (C) any individual who is engaged by an employer or entity as a contractor. (2) The term Office of Employee Advocacy means the Office of Employee Advocacy, as established under subsection (b). (3) The term Office of Civil Rights means the Office of Civil Rights within the Department of State. (4) The term Global Talent Management means the Bureau of Global Talent Management, Office of Employee Relations, Conduct, Suitability, and Discipline Division within the Department of State. (5) The term Diplomatic Security means the Bureau of Diplomatic Security within the Department of State. (6) The term harassment means as follows: (A) Harassment is conduct based on race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), or national origin, regardless of whether it is direct or indirect, or verbal or nonverbal, that unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment. (B) Sexual harassment is conduct that takes place in a circumstance described in subparagraph (C) and that takes the form of— (i) a sexual advance; (ii) a request for sexual favors; or (iii) any other conduct of a sexual nature. (C) A circumstance described in this subparagraph is a situation in which— (i) submission to the conduct involved is made either explicitly or implicitly a term or condition of employment; (ii) submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual’s employment; or (iii) such conduct unreasonably alters an individual's terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment. (D) In determining whether conduct constitutes harassment because the conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment, the following rules shall apply: (i) The determination shall be made on the basis of the record as a whole, according to the totality of the circumstances. A single incident may constitute workplace harassment. (ii) Incidents that may be workplace harassment shall be considered in the aggregate, with— (I) conduct of varying types (such as expressions of sex-based hostility, requests for sexual favors, and denial of employment opportunities due to sexual orientation) viewed in totality, rather than in isolation; and (II) conduct based on multiple protected characteristics (such as sex and race) viewed in totality, rather than in isolation. (iii) The factors specified in this clause are among the factors to be considered in determining whether conduct constitutes harassment and are not meant to be exhaustive. None of these factors shall be considered to be determinative in establishing whether conduct constitutes harassment. Factors to be used in determining whether conduct constitutes harassment include— (I) the frequency of the conduct; (II) the duration of the conduct; (III) the location where the conduct occurred; (IV) the number of individuals engaged in the conduct; (V) the nature of the conduct, which may include physical, verbal, pictorial, or visual conduct, and conduct that occurs in person or is transmitted, such as electronically; (VI) whether the conduct is threatening; (VII) any power differential between the alleged harasser and the person allegedly harassed; (VIII) any use of epithets, slurs, or other conduct that is humiliating or degrading; or (IX) whether the conduct reflects stereotypes about individuals in the protected class involved. (iv) In determining whether conduct constitutes harassment, conduct may be harassment regardless of whether, for example— (I) the complaining party is not the individual being harassed; (II) the complaining party acquiesced or otherwise submitted to, or participated in, the conduct; (III) the conduct is also experienced by others outside the protected class involved; (IV) the complaining party was able to continue carrying out duties and responsibilities of the party’s job despite the conduct; (V) the conduct did not cause a tangible injury or psychological injury; or (VI) the conduct occurred outside of the workplace. (b) Establishment of Office of Employee Advocacy (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall establish a new office to be the Office of Employee Advocacy, to be headed by a full-time Chief Advocate. Personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. The Chief Advocate— (A) shall report directly to the Under Secretary for Management; and (B) may not have any other duties in the Department of State that are not reasonably connected to employee advocacy. (2) Duties of Office of Employee Advocacy The duties of the Office of Employee Advocacy are as follows: (A) Receive complaints from any Department of State covered employee or eligible family member (EFM), as defined in the Foreign Affairs Manual, of harassment, discrimination, sexual assault, and related retaliation. (B) Counsel victims of their rights, procedures for seeking relief, and available resources, both locally and at headquarters, under this title, and other employment laws enforced by the Equal Employment Opportunity Commission including the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008. (C) Provide confidential support and information, including referrals to medical and mental health care. (D) Refer complaints to the appropriate offices in the Department of State promptly including— (i) the Office of Civil Rights in instances of harassment, discrimination, or related retaliation; and (ii) the Bureau of Diplomatic Security in instances of sexual assault or other complaints with security clearance implications. (E) For the purposes of receiving complaints, operate secure, confidential means of reporting 24 hours a day, including an electronic reporting system and an internationally accessible hotline. (F) Employ Employee Advocates to carry out the duties of the Office and assist those filing or considering filing a complaint. (G) If a victim chooses to file a complaint, such Advocates shall assist the victim in providing information and support until an investigation is completed, and a final agency decision has been made. (H) Provide assistance to complainants without undue pressure from Department of State leadership. (I) Provide routine training to attorneys and advocates on harassment, discrimination, sexual assault, and related retaliation policies and best practices for victim care. (J) Track the stage of reporting, investigation, or disciplinary process a complaint is in. (K) Conduct climate surveys, as specified in section 306. (3) Electronic reporting system The system established under this subsection shall— (A) include an electronic reporting system under which a complaint may be filed, in addition to a non-electronic system; (B) maintain an electronic record of the date and time at which any complaint is so filed; (C) ensure the security and confidentiality of records; and (D) allow the submission of confidential reports that will not prompt individualized investigations, but shall be monitored by the Office to identify trends and determine whether investigations should be undertaken by the Office of Civil Rights. (4) International hotline The system established under this subsection shall— (A) include an international toll-free number accessible by all covered employees and EFM both domestic and overseas; (B) be staffed 24 hours day, 7 days a week by Office of Employee Advocacy staff during normal working hours, and by a rotating OEA duty officer or contractor during non-working hours; (C) be entered by OEA staff into the electronic reporting system so that all reported cases are captured in the system; and (D) to the extent practicable, ensure access to the hotline for non-English speakers. (5) Overseas post reporting (A) Each overseas post shall notify employees that they may use the electronic reporting system or international hotline as established in paragraphs (3) and (4), or report in person to the Deputy Chief of Mission or other employees designated as Office of Employee Advocacy Liaisons. (B) The OEA Liaisons may include (but are not limited to) the Equal Employment Opportunity Counselor, the Community Liaison Officer, the Locally Employed Staff (LES) Equal Employment Opportunity Officer Liaison, or other staff to be selected by the Deputy Chief of Mission. (C) OEA Liaisons should be provided with educational materials to distribute as well as training on the resources and services provided by the Office of Employee Advocacy, and on the various means of communications that employees can use to reach out to OEA Employee Advocates. (D) The Chief of Mission shall not be notified of the identity of the complainant without the express permission of the complainant. (6) Application This section shall not be construed to preclude, limit, or otherwise effect the rights of a covered employee to file a complaint, based on the alleged harassment, discrimination, sexual assault, and related retaliation that gave rise to the complaint under this subsection, under any other provision of law. This section shall not be construed to preclude, limit, or otherwise affect the rights of a covered employee to file a complaint with another office. (7) Consultation; technical assistance In developing the Office of Employee Advocacy, the Department of State shall receive technical assistance and consultation from organizations and other professionals with expertise in victim-centered, trauma-informed care, individuals who have experienced harassment, discrimination, or retaliation at the Department of State, the Equal Employment Opportunity Commission, and other relevant executive agencies. (c) Duties of Office of Civil Rights (1) In general Upon the referral of a complaint from the Office of Employee Advocacy to the Office of Civil Rights, the Office of Civil Rights shall— (A) take steps for the initial intake and recording of the complaint, including providing the covered employee who filed the complaint with all relevant information with respect to the rights of the covered employee under this title and other relevant law; and (B) notify the accused covered employee— (i) of the complaint and the right of that covered employee to participate in any mediation, hearing, or civil action under this section and other applicable law with respect to the complaint; (ii) that retention of documents and evidence is crucial, and any unauthorized destruction of documents and evidence may result in additional investigations and potential punishment; and (iii) that there is a prohibition on retaliation against the covered employee who filed the complaint and may be investigation and discipline for retaliation. (2) Investigation of complaints (A) Investigation The Office of Civil Rights shall investigate all complaints in a prompt, thorough, and impartial manner. The Department shall update the Foreign Affairs Manual to enable Office of Civil Rights investigators to travel to the foreign and domestic sites of received complaints in which widespread or pervasive sexual harassment is reported. The Under Secretary for Management shall authorize sufficient funding for Office of Civil Rights attorney advisors to conduct this travel as necessary. (B) Investigation of Chief of Mission If the Chief of Mission at an overseas post is named as the alleged perpetrator in a complaint, the Office of Civil Rights must notify the Secretary of State. The Office of Civil Rights must prioritize the investigation of such cases. (C) Report Not later than 120 days after a complaint is filed under this section and transmitted to the Office of Civil Rights, the Office of Civil Rights shall conclude the investigation regarding that complaint. On the date the investigation is so concluded, the Office of Civil Rights shall transmit a written report on the results of the investigation to— (i) the covered employee who filed the complaint; (ii) the accused employee and his or her employing office; and (iii) Global Talent Management. (D) Extension The Office of Civil Rights may extend the 120 day deadline in subparagraph (A) if the Office of Civil Rights determines that additional time is necessary to conclude the investigation. The Office of Civil Rights shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the extension and provide justification for each extension of 30 days. (E) Transmission to Global Talent Management After the Office of Civil Rights concludes the investigation, it shall transmit a report providing a summary of the facts with all investigatory material including transcripts of interviews and evidence to Global Talent Management for consideration of disciplinary action. (F) Transmission to Secretary of State Global Talent Management shall transmit the investigatory report and any resulting disciplinary actions to the Secretary of State. Reports shall be transmitted to the Secretary no less than quarterly. (G) Staffing If the number of complaints received by the Office of Civil Rights exceeds its capacity to respond within 120 days to the majority of cases, the Director of the Office of Civil Rights and Under Secretary for Management shall authorize the hiring of additional attorney advisors or other appropriate staff on a temporary or permanent basis. (H) Record retention (i) Record retention Global Talent Management shall keep a record of investigations, hearings, and other proceedings conducted related to complaints of harassment, discrimination, sexual assault, or related retaliation. (ii) Personnel files Subsequent disciplinary action taken by Global Talent Management in response to the investigation and any EEO settlements or judgements of harassment, discrimination, sexual assault, or related retaliation shall be documented and kept on file and accessible to the Office of Civil Rights, Diplomatic Security, security clearance investigators, and Federal law enforcement officials. Global Talent Management shall also ensure that a standalone document containing a description of the offense and disciplinary action taken, redacted of any personally identifiable information, shall be provided to and reviewed by all subsequent Department Foreign Service and Civil Service Selection and promotion Boards, to include a permanent notation in the employee’s file, including annual performance assessments or employee evaluations. (d) Disciplinary action (1) Suspension Section 610(c)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(c)(1) ) is amended to read as follows: (1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed or if the member has a history of harassment or Equal Employment Opportunity violations documented and substantiated by Global Talent Management. . (2) Separation for cause Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ) is amended to read as follows: (1) The Secretary may decide to separate any member from the Service for such cause as will promote the efficiency of the service, to include findings by Diplomatic Security that the member has engaged in criminal misconduct, to include murder, rape, or other sexual assault. . (3) Update to manual Global Talent Management shall update the Foreign Affairs Manual’s Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties to reflect the amendments made by this subsection and communicate such amendments to staff via Department Notices. (e) Penalties Consistent with other civil service and Foreign Service laws and regulations, the Secretary of State shall develop a policy of applying penalties to any covered employee who is determined to have sexual assault, harassment, discrimination, or related retaliation complaints against him or her substantiated. Such penalties shall include additional mandatory training, suspension with or without pay, demotion in rank, or removal for a period of the Secretary’s choosing. (f) Additional documentation Global Talent Management shall ensure, to the extent practicable and appropriate, that any third country national or any national of a host country that was assigned to work at a diplomatic facility or employee residence who harasses, discriminates against, sexually assaults, or retaliates against a covered employee is— (1) documented in an appropriate site history file and in a global tracking and recording system, to be coordinated by Global Talent Management; (2) taken into account with respect to determinations regarding placements of third country nationals or any national of a host country at such post and the provision of any funds or other benefit by the Department; and (3) any covered employee who filed the complaint may opt out of having personally identifiable information included in such a report. (g) Case review (1) In general The Office of Civil Rights and Diplomatic Security shall conduct case reviews of a statistically significant number of cases on a quarterly basis to determine if proper procedures were followed in accordance with the harassment, discrimination, sexual assault, and related retaliation protocols and guidelines provided under this title and other applicable laws. (2) Reports to Congress An analysis of such case reviews shall be annually reported to the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Oversight and Reform and the Committee on Foreign Affairs of the House of Representatives in the report required under section 307(a). 304. Sexual assault protocol and victim care (a) Establishment (1) In general In addition to the other requirements of this title, not later than one year after the date of the enactment of this Act, the Secretary of State shall develop and implement comprehensive sexual assault protocol and guidelines that conform to best practices in the sexual assault field and are applicable to all posts at which covered employees serve. (2) Consultation In developing the protocols and guidelines under paragraph (1), the Secretary shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault prevention and response field, victims, victim advocates, and current or former covered employees who have reported sexual assault or related retaliation. (b) Elements The protocols and guidelines under subsection (a)(1) shall include the following services with respect to a covered employee who has made an allegation of sexual assault: (1) Protection of such employee’s confidentiality. (2) Provision of a victim’s advocate, as described in subsection (e), who is able to refer the victim to supportive services and resources and explain the victim’s rights at no cost to the victim. (3) Provision, within 72 hours of a report, of a sexual assault forensic evidence kit to such employee, upon request. (4) Provision of emergency health care to such employee, including, to the greatest extent practicable, a choice of medical providers and a mechanism for such employee to evaluate such provider. (5) Provision of comprehensive health services, to the greatest extent practicable, to include physical and mental health services. (6) Nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the Secretary of State is not otherwise authorized to reimburse for covered employees who receive treatment for injury or disease proximately caused by their service in the Department of State. (c) Notification Diplomatic Security Office of Special Investigations shall be notified immediately of any reported sexual assault against any covered employee. For the purposes of maintaining comprehensive records of all incidents of sexual misconduct at the Department of State, if Diplomatic Security receives the initial report of a sexual assault involving a covered employee, Diplomatic Security shall notify the Office of Employee Advocacy. (d) Sexual Assault Prevention and Response Victim Advocates (1) In general The Secretary of State shall ensure the Victims’ Resource Advocacy Program, as defined in the Foreign Assistance Manual, includes, in the competitive service in Diplomatic Security within the Department of State, staff formally trained to provide victim-centered, trauma-informed care and advocacy for victims of sexual assault. (In this subsection referred to as the Advocates ). (2) Duties The Advocates shall— (A) receive continuous training in victim advocacy; (B) assist the victim in navigating those processes required to obtain care and services needed; and (C) offer trauma-informed care to victims, referrals, and ongoing nonclinical support. (3) Limitations The Advocates shall not be— (A) responsible for providing mental health services or to act as an investigator; or (B) placed under the Department’s medical offices or be responsible for providing physical health services. (4) Placement The Secretary shall ensure that Advocates are physically present at Department headquarters, major domestic and international facilities and embassies, as determined by the Department and with logistical consideration to allow for expedient travel to Department facilities without Advocates. (e) Overseas post (1) In general The Department shall serve as the lead agency for reporting and responding to harassment, discrimination, sexual assault, and related retaliation within an Embassy, Consulate, or other overseas location (in this subsection referred to as an overseas post ), and shall make Advocates and other resources available to victims of other agencies who fall under Chief of Mission authority at the overseas post. (2) Referral The Department shall refer incident reporting to the appropriate agency for any employees working under Chief of Mission authority if the accused is not a covered employee of the Department of State. (3) Chief of Mission authority If a credible allegation of harassment, discrimination, sexual assault, or related retaliation is made by a covered employee at an overseas post against a non-covered employee serving under Chief of Mission authority, including against an employee of another executive agency or non-executive branch agencies operating under memoranda of understanding, the Chief of Mission may use all authorities at their disposal to include revoking the non-covered employee’s permission to be in the country on official business. (4) Diplomatic Security Training Diplomatic Security shall ensure that individuals serving as regional security officers in overseas posts are trained in victim-centered, trauma-informed care and sexual assault investigation techniques. (f) SANE program training The Bureau of Medical Services within the Department of State shall ensure that to the greatest extent practicable, Sexual Assault Nurse Examiner trained staff shall be placed at Department headquarters and major domestic and international facilities and embassies. 305. Rights of employees harassed, discriminated against, retaliated against, or sexually assaulted (a) Right to legal counsel Any covered employee filing a complaint of harassment, discrimination, sexual assault, or related retaliation may have access to legal counsel as specified in section 303(b). (b) Availability of mediation during harassment investigations (1) Availability of mediation during investigation During the complaint intake of a covered employee’s complaint under section 303— (A) the Office of Civil Rights may inform the covered employee of the availability of mediation; (B) the covered employee who filed the complaint and the accused covered employee may jointly file a request for mediation with the Office of Civil Rights; and (C) the covered employee who filed the complaint and the accused employee may request the presence of an attorney or a victim advocate in the mediation. (2) Requiring parties to be separated during mediation at request of employee At the request of either party, the parties shall be separated during any mediation proceeding under this subsection. (c) Availability of alternate work assignment or paid leave of absence during pendency of procedures (1) Options for employees (A) Emergency curtailment of overseas assignment At the request of a covered employee who files a complaint of harassment, discrimination, sexual assault, or related retaliation, an employee may request emergency curtailment of his or her tour of duty at no penalty to their career progress and shall be reassigned. Such requests for emergency curtailment shall be approved by the Secretary or their designee, not post management, within 10 days. The Department shall develop a process by which covered employees may request this option in a manner which does not inadvertently result in retaliation against the employee. (B) Alternate work assignment At the request of a covered employee who files a complaint, during the pendency of any of the procedures available under this title for consideration of the violation, the employing office shall permit the covered employee to carry out the employee’s responsibilities from an alternate location where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office. (C) Exception for work assignments required to be carried out onsite If, in the determination of the covered employee’s employing office, a covered employee who makes a request under this subsection cannot carry out the employee’s responsibilities from an alternate location or such relocation would not have the effect described in subparagraph (B), the employing office may during the pendency of the procedures described in subparagraph (B)— (i) reassign the covered employee; (ii) make another workplace adjustment that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in subparagraph (B); or (iii) grant a paid leave of absence. (D) Ensuring no retaliation An employing office may not grant a covered employee’s request under this subsection in a manner which would constitute retaliation in violation of any provision of law, including any provision of title 5, United States Code. (E) No impact on annual or personal leave In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid annual leave of the covered employee. (F) Use of duty hours An employee may use up to 16 hours of duty hours to prepare for the investigation and resolution of the applicable complaint. (2) Exception for arrangements subject to collective bargaining agreements Paragraph (1) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office. (3) Protections A request under paragraph (1) may not be granted or carried out in a retaliatory manner, including retaliation for whistleblowing in violation of the provisions of title 5, United States Code, or any other provision of law. (d) Exit interviews Departing employees may request the opportunity to be interviewed in person with Global Talent Management or its designee to discuss the circumstances of their departure and should be asked specifically about the prevalence of and incidents of harassment, discrimination, sexual assault, and related retaliation. 306. Provision of climate surveys (a) Definitions In this section— (1) the term bureaus and offices of the Department of State includes the Foreign Service (as that term is defined in section 102 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (2) the terms Department of State and Department include the Foreign Service; and (3) the terms employees and officials of the Department of State includes members of the Service (as that term is defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )). (b) Climate surveys of employees of the Department of State (1) Requirement to conduct surveys Not later than 180 days after the date of the enactment of this Act and every 2 years thereafter, the Office of Employee Advocacy within the Department of State shall conduct a survey of covered employees of the Department of State regarding harassment, discrimination, sexual assault, and related retaliation in Department of State employment, including a survey of the following: (A) The prevalence of perceived violations by employees and officials of the Department of State. (B) The extent to which such violations arise from harassment or discrimination, including on the basis of sex, race, religion, national origin, disability, genetic information, and other demographic characteristics. (C) The presence of a hostile work environment in the agency. (D) Whether employees are aware of their rights and Department processes and procedures, and able to effectively exercise the rights and protections provided under this title and other applicable laws, including the effectiveness of the procedures applicable under this title and other applicable laws for investigating and holding accountable violations. (E) The extent to which employees feel comfortable making use of the available reporting and resolution mechanisms. (F) For employees who have used the reporting and resolution mechanisms, the extent to which the process was accessible and fair. (2) Special requirements (A) In general In each survey conducted under this section, the Office of Employee Advocacy shall survey respondents regarding the prevalence of and attitudes regarding harassment, discrimination, sexual assault, and related retaliation in Department of State employment. (B) Compilation of information by various categories The Office of Employee Advocacy shall endeavor to compile information from the survey on the basis of various categories of demographic characteristics, including gender, race and ethnicity, and age, so that the survey will report on the rates of incidents of harassment, discrimination, sexual assault, and related retaliation affecting each such demographic category. The provision of such demographic information shall be voluntary. (C) Consultation; technical assistance The Office of Employee Advocacy shall develop the survey in consultation with offices of the executive branch which currently conduct similar surveys of their employees, including the Sexual Assault Prevention and Response Office of the Department of Defense, the Office of Violence Against Women of the Department of Justice, and the Merit Systems Protection Board. Additionally, in developing the survey, the Office of Employee Advocacy shall enter into agreement to receive technical assistance from Workplaces Respond to Domestic and Sexual Violence: A National Resource Center (also known as Workplaces Respond ), the nonprofit nongovernmental entity described in section of the Violence Against Women Act of 1994 ( 34 U.S.C. 12501 ). (D) Confidentiality The underlying data of the climate surveys shall only be available to the Office of Employee Advocacy. (3) Methodology The Office of Employee Advocacy shall conduct each survey under this section in accordance with the following: (A) All responses to all portions of the survey shall be anonymous and confidential, and each respondent shall be told throughout the survey that all responses shall be anonymous and confidential. (B) The Office of Employee Advocacy shall design the survey so that it will take no more than 15 minutes to complete, and so that it may be taken online through the use of both stationary communication devices (such as desktop computers) and portable communication devices (such as cell phones and tablets). (C) The Office of Employee Advocacy shall include in the survey a list of resources available to respondents who wish to get more information about harassment, discrimination, sexual assault, or related retaliation in Department of State employment, including the services the Department of State provides to individuals who allege violations. 307. Reports to Congress, the Department, and the public (a) Annual report (1) In general Not later than one year after the date of enactment, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations and Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs and Committee on Oversight and Reform of the House of Representatives a report on allegations of harassment, discrimination, sexual assault, and related retaliation involving employees and officials of the Department of State during the preceding year. (2) Availability Any report submitted under paragraph (1) shall be made available to— (A) Department personnel on internal websites and town hall meetings; and (B) to the general public on the Department’s public website. (b) Contents Each report under subsection (a)(1) shall contain the following: (1) The number of instances of harassment, discrimination, sexual assault, and related retaliation against employees and officials of the Department of State, and the number of instances of harassment, discrimination, sexual assault, and related retaliation by employees and officials of the Department, that were reported to the Department during the year covered by such report, and the number of the cases so reported that were substantiated. The types of harassment and discrimination shall be disaggregated by category. (2) A summary of types of charges of, and the disciplinary action taken, in each such resolved case, with identifying information of both the accused and complainant removed. (3) The policies, procedures, and processes implemented by the Secretary of State during the year covered by each such report in response to incidents of harassment, discrimination, sexual assault, and related retaliation involving employees and officials of the Department of State. (4) A plan for the actions that are to be taken in the year following the year covered by each such report on the prevention of and response to harassment, discrimination, sexual assault, and related retaliation involving employees and officials of the Department of State. (5) Details on the average caseload of Department investigators handling harassment, discrimination, sexual assault, and related retaliation, to include the number of staff working, the average and median time to investigate cases, and the number of extensions requested by the Office of Civil Rights to conduct investigations past the 120-day timeframe. (6) Details on the average caseload of Office of Employee Advocacy Employee Advocates and staff attorneys. (7) Details on cases of bystander intervention where a bystander assisted to counter or report incidents of harassment, discrimination, sexual assault, and related retaliation. (8) Detailed findings and underlying data of the climate surveys required in section 306, including an independent assessment by the Chief Advocate, not subject to the Secretary of State, of the current climate at the Department of State with regard to harassment, discrimination, sexual assault, and related retaliation. (9) Frequency with which those alleging harassment, discrimination, sexual assault, or related retaliation took advantage of supportive services, such as medical care or counseling. (c) Assessment Each report under paragraph (1) for each year beginning with 2022 shall also include an assessment by the Secretary of State of the implementation during the preceding fiscal year of the policies and procedures under section 2(a) of the Department of State on the prevention of and response to harassment, discrimination, sexual assault, and related retaliation involving employees and officials of the Department in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to such harassment, discrimination, sexual assault, and related retaliation. (d) Assessment of additional authorities needed Not later than one year after the date of enactment of this Act, the Secretary of State shall submit to Congress a proposal for such changes and legislation as the Secretary considers necessary to enhance the capability of the Department of State to address matters relating to harassment, discrimination, sexual assault, and related retaliation involving covered employees. The report shall include recommendations for additional appropriations, as appropriate, to implement these changes. 308. Required training for Department personnel (a) Whistleblower protection training Not later than one year after the enactment of this Act, and annually thereafter, the Office of Civil Rights shall provide to each covered employee of the Department of State training regarding whistleblower disclosures and protections. Such training shall include instruction and an explanation of the rights of such covered employee regarding whistleblowing, including— (1) each method established by law in which a covered employee may file a whistleblower disclosure; (2) the right of the covered employee to petition Congress regarding a whistleblower disclosure; and (3) the fact that the covered employee may not be prosecuted or retaliated against for disclosing information to Congress, the Inspector General, or any other investigatory agency in instances where such disclosure is permitted by law, rule, or regulation. (b) Bystander intervention training Not later than one year after the enactment of this Act, and annually thereafter, the Office of Civil Rights shall provide to each covered employee of the Department of State training regarding harassment, discrimination, sexual assault, and related retaliation, including— (1) describing what such conduct entails; (2) identifying the types of conduct that serve as grounds to report or intervene; (3) training on relevant laws that may require an officer or employee to report or intervene in instances of such conduct; (4) reporting and intervening protocols and strategies for such conduct; (5) specific training for covered employees who process allegations of such conduct against other covered employees; and (6) such training must be developed based on consultation with organizations with expertise in trauma-informed care, effective strategies in prevention and response, and healthy workplace culture. (c) Supervisor training Not later than one year after the enactment of this Act, and annually thereafter, the Office of Civil Rights shall provide and institute mandatory training on responding to complaints of harassment, discrimination, sexual assault, and related retaliation to each covered employee of the Department of State who is a supervisor. Such training must be developed based on consultation with organizations with expertise in trauma-informed care, effective strategies in prevention and response, and healthy workplace culture. (d) Executive leadership training Not later than one year after the enactment of this Act, and annually thereafter, the Office of Civil Rights shall provide and institute mandatory training for each covered employee serving in an executive leadership role, including Chiefs of Mission. The training shall emphasize the statutory requirements for reporting and responding to complaints of harassment, discrimination, sexual assault, and related retaliation, including— (1) understanding the damage and harm harassment, discrimination, sexual assault, and related retaliation do to the employee and the organization; (2) senior leadership’s responsibility and role to create and foster a work environment free from harassment, discrimination, sexual assault, and related retaliation; and (3) such training must be developed based on consultation with organizations with expertise in trauma-informed care, effective strategies in prevention and response, and healthy workplace culture. (e) Policies and procedures Not later than one year after the enactment of this Act, and annually thereafter, the Office of Civil Rights shall provide to each covered employee of the Department of State training on the policies and procedures on harassment, discrimination, sexual assault, and related retaliation applicable by operation of section 302. Employees should receive this training within 30 days of entering on duty. Such training must be developed based on consultation with organizations with expertise in trauma-informed care, effective strategies in prevention and response, and healthy workplace culture. (f) Manager’s Toolkit The Secretary of State shall establish resources, to be referred to as a Manager’s Toolkit , to aid supervisors in understanding rights, responsibilities, and penalties associated with conduct of harassment, discrimination, sexual assault, and related retaliation. (g) Equal employment opportunity counselor training The Office of Civil Rights shall revise the 32 hours of training provided to Equal Employment Opportunity Counselors to include the resources and responsibilities of the Office of Employee Advocacy, as well as the various means of communication available to employees to relay their complaints to OEA. 309. Hiring, vetting, and promotion (a) In general The Secretary of State, in consultation with relevant agencies, shall ensure that questions relating to harassment, discrimination, sexual assault, and related retaliation complaints are included in any background investigation with respect to a security clearance or access determination and vetting of any covered employee. (b) Requirements for appointment Consistent with the civil service and Foreign Service laws and regulations, the Secretary of State shall ensure that a background investigation on any potential sexual assault is conducted before an individual is appointed to a position within the Department. (c) Requirements for promotion into the senior foreign service or senior executive service The Secretary of State shall ensure that potential candidates are vetted for their history of promoting a work environment free from harassment and discrimination. Promotion boards shall take into account whether candidates have a history of offenses that occurred under their leadership, regardless of whether the candidate was named an offender or not. (d) Promotion policy objectives Consistent with the civil service and Foreign Service laws and regulations, the Secretary of State shall ensure that promotion precepts and selection panels reward officers who have volunteered to serve as Equal Employment Opportunity Counselors, and that documentation of the precepts emphasize that counseling experience is to be viewed as valuable experience preparing officers to perform in senior-level positions with respect to the leadership, management, and interpersonal skills precepts. 310. Nondisclosure and nondisparagement agreements (a) Definitions In this section— (1) Employee The term employee means any individual subject to section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ), section 411(c) of title 3, United States Code, or section 101(a)(3) of the Congressional Accountability Act of 1995. (2) Employer The term employer means any employing office referred to in section 1301(a)(9) of title 2, United States Code, or section 411(c)(2) of title 3, United States Code, or department, agency, or unit referred to in subsection (a) of section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ). (3) Nondisclosure clause The term nondisclosure clause means a provision in a contract or agreement establishing that one or more parties to the contract or agreement agrees not to disclose information covered by the terms and conditions of the contract or agreement. (4) Nondisparagement clause The term nondisparagement clause means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about another such party. (b) Unlawful practices (1) In general It shall be an unlawful practice for an employer to enter into a contract or agreement with an employee, as a condition of employment, promotion, compensation, benefits, or change in employment status, or as a term, condition, or privilege of employment, if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. (2) Enforcement Notwithstanding any other provision of law, it shall be an unlawful practice for an employer to enforce or attempt to enforce a nondisclosure or nondisparagement clause that covers prohibited discrimination or harassment in employment, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. An employer’s enforcement or attempts to enforce such a nondisclosure agreement against an employee shall be determined to be prohibited retaliation. (3) Settlement or separation agreements (A) In general The provisions of paragraphs (1) and (2) do not apply to a nondisparagement clause or nondisclosure clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes if— (i) such legal claims accrued or such disputes arose before the settlement agreement or separation agreement was executed; (ii) the clause involved is mutually agreed upon by and mutually benefits both— (I) the employer, as the case may be; and (II) the employee; (iii) the employee’s agreement to such clause is knowing and voluntary, as described in subparagraph (C); and (iv) the settlement agreement or separation agreement expressly states that the agreement involved does not prohibit, prevent, or otherwise restrict a worker from— (I) reporting the allegations underlying those settled claims to the Equal Employment Opportunity Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment, as the case may be, or law enforcement; (II) testifying at, assisting, or participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment, as the case may be, or law enforcement; or (III) testifying in a hearing or trial or complying with a request for discovery in relation to civil litigation. (B) Prohibition on sole benefit For purposes of this paragraph, it shall be an unlawful practice for an employer to unilaterally include a nondisparagement clause or nondisclosure clause that solely benefits the employer in a separation or settlement agreement. (C) Knowing and voluntary agreement For purposes of this paragraph, agreement to a nondisparagement clause or nondisclosure clause may not be considered knowing and voluntary unless at a minimum— (i) the nondisparagement clause or nondisclosure clause is written in a manner designed to ensure that the employee understands the content of the clause involved; (ii) the nondisparagement clause or nondisclosure clause is included only in exchange for consideration of value provided to the employee, in addition to anything of value to which the employee is already entitled; (iii) the nondisparagement clause or nondisclosure clause does not apply to any rights or claims that arise after the date the settlement or separation agreement is executed; (iv) the employee is advised in writing to consult with an attorney prior to agreeing to such an agreement that includes a nondisparagement clause or nondisclosure clause; (v) the employee is given a period of at least 21 days to consider any proposal for a settlement or separation agreement that includes a nondisparagement clause or nondisclosure clause; and (vi) the settlement or separation agreement provides that for a period of at least 7 days following the execution of such agreement the employee may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired. (D) Burden of proof In any dispute that may arise over whether any of the requirements of subparagraph (A) have been met, the party asserting the validity of an agreement shall have the burden of proving that the requirements of subparagraph (A) have been met. (E) Participation in investigations or proceedings No nondisparagement clause or nondisclosure clause may affect the ability of an employee to testify at, assist, or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, any Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination in employment, as the case may be, or a law enforcement agency. (F) Prohibition on damages Under no circumstances shall an employee be required to pay damages for breach of a nondisparagement clause or nondisclosure clause permitted by this paragraph in excess of an amount equal to the consideration of value provided to the worker in exchange for the workers’ agreement to the nondisparagement clause or nondisclosure clause. (c) Enforcement (1) Enforcement powers With respect to the administration and enforcement of this section in the case of a claim alleged by an employee against an employer for a violation of this section— (A) the Commission shall have the same powers as the Commission has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (B) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (C) the Board (as defined in section 101(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301(a) )) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by an employee of the employer for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); (D) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of section 411 of such title; and (E) a court of the United States shall have the same jurisdiction and powers as the court has to enforce— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (ii) the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by an employee of the employer for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); and (iii) chapter 5 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of section 411 of such title. (2) Procedures and remedies The procedures and remedies applicable to a claim alleged by an employee against the employer for a violation of this section are— (A) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by an employee of the employer for a violation of such title; (B) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by an employee of the employer for a violation of such section; and (C) the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by an employee of the employer for a violation of such section. (d) Right To report reserved Notwithstanding signing (before, on, or after the effective date of this Act) any nondisparagement clause or nondisclosure clause, an employee retains— (1) any right that person would otherwise have had to report a concern about harassment, including sexual harassment, in employment or another violation of the law to the Commission, another Federal agency (including an office of the legislative or judicial branch), a State or local fair employment practices agency or any other State or local agency, or a law enforcement agency; and (2) any right that person would otherwise have had to bring an action in a court of the United States. (e) Regulations (1) In general Except as provided in paragraphs (2), (3), and (4), the Commission shall have authority to issue regulations to carry out this section. (2) Librarian of congress The Librarian of Congress shall have authority to issue regulations to carry out this section with respect to workers of the Library of Congress. (3) Board The Board referred to in subsection (c)(1)(C) shall have authority to issue regulations to carry out this section, in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 ), with respect to employees described in subsection (c)(1)(C). (4) President The President shall have authority to issue regulations to carry out this section with respect to employees described in subsection (c)(1)(E). (f) Remedies Notwithstanding any other provision of this title, in an action or administrative proceeding against the United States for a violation of this section, remedies (including remedies at law and in equity, and interest) are available for the violation to the same extent as the remedies are available for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) by an employer, except that— (1) punitive damages are not available; and (2) compensatory damages are available to the extent specified in section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). 311. Sense of Congress on sexual harassment and assault prevention and eradication in the foreign affairs workforce It is the sense of Congress that the foreign affairs workforce, including the United States Agency for International Development, the Broadcasting Board of Governors, the Peace Corps, the Development Finance Corporation, and the Millennium Challenge Corporation, should take significant steps to prevent and eradicate sexual harassment and assault. | https://www.govinfo.gov/content/pkg/BILLS-117s3426is/xml/BILLS-117s3426is.xml |
117-s-3427 | II 117th CONGRESS 1st Session S. 3427 IN THE SENATE OF THE UNITED STATES December 16, 2021 Ms. Collins (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to establish a Neuroscience Center of Excellence.
1. Short title This Act may be cited as the Neuroscience Center of Excellence Act of 2021 . 2. Findings Congress finds the following: (1) Neuroscience at the Food and Drug Administration encompasses a broad range of neurological and psychiatric diseases and disorders, including— (A) addiction; (B) Alzheimer’s disease and other neurodegenerative conditions that cause dementia; (C) amyotrophic lateral sclerosis; (D) autism spectrum disorder, Down syndrome, and other neurodevelopmental disorders; (E) bipolar disorder; (F) brain aneurysms; (G) brain tumors; (H) cerebral palsy; (I) anxiety and depression; (J) dyspraxia; (K) dystonia; (L) epilepsy and other seizure disorders; (M) hereditary brain and central nervous system diseases; (N) headaches and migraine disease; (O) Huntington’s disease; (P) multiple sclerosis; (Q) pain; (R) Parkinson’s disease and other movement disorders, including parkinsonisms; (S) personality disorders; (T) psychotic disorders; (U) traumatic brain injury and chronic traumatic encephalopathy; and (V) rare diseases that impact the brain and central nervous system. (2) Neurological and psychiatric diseases and disorders are highly prevalent. According to the National Institutes of Health, neurological disorders affect an estimated 50,000,000 people in the United States each year, and 51,500,000 adults in the United States live with a mental illness. (3) The prevalence of neuroscience diseases and disorders continues to grow. The Centers for Disease Control and Prevention forecasts that the burden of dementias in the United States will double by 2060 to 13,900,000 people, which will be 3.3 percent of the population. (4) Neurological and psychiatric diseases and disorders have a significant impact on health care expenditures and the United States economy as a whole. The impact of common neurological diseases, including Alzheimer’s disease and Parkinson’s disease, on the United States economy is estimated by the American Neurological Association at over $789,000,000,000. (5) Factors associated with the COVID–19 pandemic, including job loss and social isolation, have exacerbated the prevalence and impact of psychiatric diseases and disorders. According to the Centers for Disease Control and Prevention, during the pandemic, more than one-third of adults in the United States reported symptoms of anxiety or depression. (6) The National Institute of Neurological Disorders and Stroke has recognized that the SARS–CoV–2 virus can lead to serious neurological complications, such as anosmia, headache, impaired consciousness, and stroke, which may affect individuals’ ability to function or work after the pandemic ends. (7) Despite the large societal need, medical products for neurological and psychiatric diseases and disorders are approved by the Food and Drug Administration at a much lower rate than products for other disease areas. According to a 2018 study conducted by the Tufts Center for the Study of Drug Development, central nervous system drugs take 20 percent longer to develop and approve than non-central nervous system drugs. 3. Establishment of a Neuroscience Center of Excellence (a) Establishment required The first sentence of section 1014(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399g(a) ) is amended by inserting , at least 1 of which shall be focused on neuroscience diseases and disorders (as defined in section 1015) before the period at the end. (b) Timing of establishment Subsection (c) of section 1014 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399g(c) ) is amended to read as follows: (c) Timing Not later than 1 year after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall establish, in accordance with this section and section 1015, an Institute under subsection (a) focused on neuroscience diseases and disorders, to be known as the Neuroscience Center of Excellence. . (c) Activities Chapter X of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 391 et seq. ) is amended by adding at the end the following: 1015. Neuroscience Center of Excellence (a) Activities The Neuroscience Center of Excellence established under section 1014(a), shall— (1) carry out the activities described in section 1014(a); (2) coordinate collaborations among the Centers (within the meaning of section 1014(a)) and stakeholders to support the development of medical products for neuroscience diseases and disorders; (3) establish and carry out the programs described in subsection (c); and (4) issue reports to Congress on the activities of the Neuroscience Center of Excellence, as described in subsection (d). (b) Definitions In this section: (1) Neuroscience diseases and disorders The term neuroscience diseases and disorders means— (A) addiction; (B) Alzheimer’s disease and other neurodegenerative conditions that cause dementia; (C) amyotrophic lateral sclerosis; (D) autism spectrum disorder, Down syndrome, and other neurodevelopmental disorders; (E) bipolar disorder; (F) brain aneurysms; (G) brain tumors; (H) cerebral palsy; (I) anxiety and depression; (J) dyspraxia; (K) dystonia; (L) epilepsy and other seizure disorders; (M) hereditary brain and central nervous system diseases; (N) headaches and migraine disease; (O) Huntington’s disease; (P) multiple sclerosis; (Q) pain; (R) Parkinson’s disease and other movement disorders, including parkinsonisms; (S) personality disorders; (T) psychotic disorders; (U) traumatic brain injury and chronic traumatic encephalopathy; and (V) rare diseases that impact the brain and central nervous system. (2) Medical product The term medical product means a drug, biological product, or device, or a combination product described in section 503(g). (3) Patient experience data The term patient experience data has the meaning given such term in section 569C(c). (c) Programs The Neuroscience Center of Excellence shall establish and implement the following programs: (1) Neuroscience therapeutics program (A) Public engagement (i) Public meeting Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , and not less than once per year thereafter, the Secretary shall convene a public meeting of stakeholders (including scientists, researchers, patient advocacy organizations, disease research foundations, and representatives of the drug and device industries) to identify and make recommendations to address current and emerging regulatory science and public policy challenges associated with developing medical products for neuroscience diseases and disorders. Issues addressed during such meetings shall include— (I) methods to support the accelerated qualification of appropriate biomarkers and endpoints, including predictive biomarkers and endpoints, for neuroscience diseases and disorders; and (II) novel drug development methodologies and study designs to better support the rapid development and approval of medical products for neuroscience diseases and disorders. (ii) Report Not later than 3 months after the conclusion of each public meeting under clause (i), the Secretary shall publish a report identifying the challenges and opportunities for rapid improvement discussed during such public meeting, and as applicable, any recommendations to Congress regarding how to address such challenges and ensure that patients benefit from optimizing development of medical products for neurosciences diseases and disorders. The Secretary shall make such report public on the website of the Department of Health and Human Services. (B) Guidance Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall issue one or more final guidances that address— (i) recommendations to sponsors of medical products for neuroscience diseases and disorders regarding master protocols to simultaneously evaluate more than 1 investigational medical product or more than 1 type of disease or disorder within the same overall trial structure, as well as other novel or collaborative study designs and approaches; and (ii) approaches that may be used to incorporate clinical outcome assessments, including patient-reported outcomes, into endpoints for the development of medical products for neuroscience diseases and disorders. (2) Neuroscience patient-focused drug development program (A) In general The Secretary shall establish, within the Neuroscience Center of Excellence, a program to facilitate the collection of patient experience data, and the systematic use of such data and related information, in the development of medical products for neuroscience diseases and disorders. (B) Public engagement Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , and not less than once per year thereafter, the Secretary shall convene stakeholders (including patient advocacy groups and disease research foundations) for a public workshop. Such workshop shall— (i) educate stakeholders on current initiatives and activities at the Neuroscience Center of Excellence; (ii) solicit feedback from stakeholders on ongoing initiatives and activities at the Neuroscience Center of Excellence; and (iii) provide an opportunity for stakeholders to discuss their personal experiences, including with respect to symptoms, daily impact, and current approaches to treatment for neuroscience diseases and disorders. (C) Study Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall conduct a study on methods to assess the patient experience in the development of medical products for neuroscience diseases and disorders. The Secretary shall make a report summarizing the results of such study public on the website of the Department of Health and Human Services. (D) Guidance Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall issue final guidance with recommendations on the collection of patient experience data (as defined in section 569C of the Federal Food, Drug, and Cosmetic Act), and the use of such data and related information, in the development of medical products for neuroscience diseases and disorders. (3) Neuroscience natural history studies program (A) Guidance Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall issue final guidance with recommendations for sponsors on implementing natural history studies that can be used to support the development of medical products for neuroscience diseases and disorders. (B) Definition In this paragraph, the term natural history study means a preplanned observational study intended to track the course of the disease. (4) Digital health technologies program (A) Guidance Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall issue final guidance addressing approaches to— (i) using digital technologies and digital endpoints in clinical trials evaluating medical products for neuroscience diseases and disorders; and (ii) using digital technologies for the treatment of such diseases and disorders. (5) COVID–19 impacts program (A) Public meeting (i) In general Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall convene not fewer than 2 public meetings for stakeholders (including scientists, researchers, health care providers, academics, members of the regulated industry, patient advocacy organizations, and disease research foundations) to discuss the impact of COVID–19 on neuroscience diseases and disorders. (ii) Topics The topics discussed at the meeting under clause (i) shall include— (I) the impact of the SARS–CoV–2 virus on patients diagnosed with such diseases and disorders, without regard to whether such diagnoses occurred before or after such patient contracted the SARS–CoV–2 virus; (II) the indirect impact of the COVID–19 pandemic on such diseases and disorders, including the effects of social isolation and heightened levels of stress and anxiety for those with neuroscience disease and disorder diagnoses; and (III) strategies for the rapid development of medical products to address the direct and indirect impacts of COVID–19 on such diseases and disorders, including real-world data collection and real-world evidence development. (B) Report Not later than 1 year after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall publish a report on the direct and indirect impacts of COVID–19 on neuroscience diseases and disorders including, as applicable, any recommendations to Congress on the development of medical products intended to address the impact of COVID–19 for individuals with such conditions. The Secretary shall make such report public on the website of the Department of Health and Human Services. (6) Ensuring equity in neuroscience program (A) Public meeting Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall convene a public meeting of stakeholders whose experience directly relates to patients with neuroscience diseases and disorders (including scientists, health care providers, academics, members of the regulated industry, patient advocacy organizations, and disease research foundations) to discuss how to promote equity and inclusion of traditionally underrepresented populations in the research and development of medical products for neuroscience diseases and disorders. (B) Guidance Not later than 2 years after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , the Secretary shall issue guidance for industry on how to ensure greater diversity in clinical trials for neuroscience diseases and disorders medical products. Such guidance shall consider the feedback and recommendations from the public meeting under subparagraph (A) the study under section 3(d) of the Neuroscience Center of Excellence Act of 2021 . (d) Report Not later than 1 year after the date of enactment of the Neuroscience Center of Excellence Act of 2021 , and annually thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the activities of the Neuroscience Center of Excellence. Such report shall include— (1) the number of medical products for neuroscience diseases and disorders that were approved by the Food and Drug Administration in the previous 5 calendar years; (2) a summary of challenges to developing medical products for neuroscience diseases and disorders, and as applicable, recommendations to Congress on how to address such challenges; and (3) the direct and indirect impacts of the COVID–19 pandemic on neuroscience diseases and disorders. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $25,000,000 for the period of fiscal years 2023 through 2027. . (d) GAO study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study that reviews the participation of traditionally underrepresented populations in clinical trials for medical products (as defined in section 1015 of the Federal Food, Drug, and Cosmetic Act, as added by section 3) for the treatment or diagnosis of neuroscience diseases and disorders (as defined in such section 1015); and (2) submit a report to Congress on the results of such study, including recommendations on potential changes in practices and policies to improve participation by populations that have been traditionally underrepresented in such trials. | https://www.govinfo.gov/content/pkg/BILLS-117s3427is/xml/BILLS-117s3427is.xml |
117-s-3428 | II 117th CONGRESS 1st Session S. 3428 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Manchin (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a program to provide Federal financial assistance to support advanced nuclear reactors and associated supply chain infrastructure, and for other purposes.
1. Short title This Act may be cited as the Fission for the Future Act of 2021 . 2. Advanced Nuclear Technologies Federal Financial Assistance Program (a) Definitions In this section: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Electric utility The term electric utility has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Eligible entity The term eligible entity means each of— (A) a State; (B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (C) a Tribal Organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (D) a unit of local government; (E) an electric utility; (F) a National Laboratory; (G) an institution of higher education; and (H) a private entity specializing in— (i) advanced nuclear technology development; (ii) nuclear supply chains; or (iii) with respect to nuclear technologies and nonelectric applications of nuclear technologies, construction, project financing, contract structuring and risk allocation, or regulatory and licensing processes. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Program The term program means the program established under subsection (b)(1). (7) Secretary The term Secretary means the Secretary of Energy. (b) Establishment of program (1) In general The Secretary shall establish a program to provide Federal financial assistance to eligible entities to support the commercial planning, licensing, development, and construction, and construction planning, of— (A) advanced nuclear reactors for the purpose of enhancing grid resilience, reliability, and security while also seeking to reduce emissions; or (B) supply chain infrastructure associated with advanced nuclear reactors or related technologies. (2) Competitive procedures To the maximum extent practicable, the Secretary shall carry out the program using a competitive, merit-based review process that is consistent with section 989 of the Energy Policy Act of 2005 ( 42 U.S.C. 16353 ). (c) Applications An eligible entity desiring Federal financial assistance under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Selection (1) In general In selecting eligible entities to receive Federal financial assistance under the program, the Secretary shall give special consideration to projects— (A) to develop or provide services to support— (i) market analysis; (ii) project structure models; (iii) models for electricity market analysis; (iv) nonelectric applications; (v) financial models; (vi) analysis, planning, and, as appropriate, management of environmental issues at fossil fuel electric generation facilities that are retired or scheduled to retire; and (vii) site planning, review, testing, analysis, and preparation; (B) to support licensing activities, permitting, and environmental impact studies; and (C) for— (i) (I) the construction planning of advanced nuclear reactors; and (II) related— (aa) planning and construction of transmission and distribution systems; (bb) modernization of generation facilities; (cc) development of microgrids; and (dd) supply chain infrastructure; (ii) infrastructure for nonelectric applications; and (iii) acquisition of relevant rights-of-way. (2) Priority In selecting eligible entities to receive Federal financial assistance under the program, the Secretary shall give priority to eligible entities that— (A) plan to carry out projects at or near the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down— (i) to reduce the cost of— (I) infrastructure requirements; (II) transmission requirements; and (III) licensing and permitting requirements; (ii) to support the productive reuse of fossil fuel electric generation facilities that are retired or scheduled to retire; and (iii) to sustain and revitalize communities impacted by the closure of fossil fuel electric generation facilities; (B) plan to support nonelectric applications, including supplying heat for— (i) energy storage; (ii) hydrogen or other liquid and gaseous fuel or chemical production; (iii) industrial processes; (iv) desalination technologies and processes; (v) isotope production; (vi) district heating; and (vii) other applications, as the Secretary determines to be appropriate; (C) plan to support supply chain infrastructure, including manufacturing, associated with advanced nuclear reactors or related technologies; (D) have implemented or demonstrated the ability to successfully implement workforce training or retraining programs to train workers to perform activities described in this section; and (E) plan to be cost competitive. (e) Cost share Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ) shall apply to Federal financial assistance provided under the program. 3. Workforce capacity building Section 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) ) is amended— (1) in the subsection heading, by striking Graduate ; (2) by striking graduate each place it appears; (3) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs after universities, ; (4) in paragraph (3), by striking 2021 through 2025 and inserting 2022 through 2026 ; (5) by redesignating paragraph (3) as paragraph (4); and (6) by inserting after paragraph (2) the following: (3) Focus areas In carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (A) research and development; (B) construction and operation; (C) associated supply chains; and (D) workforce training and retraining to support transitioning workforces. . | https://www.govinfo.gov/content/pkg/BILLS-117s3428is/xml/BILLS-117s3428is.xml |
117-s-3429 | II 117th CONGRESS 1st Session S. 3429 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Sullivan (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish an Alaska Salmon Research Task Force.
1. Short title This Act may be cited as the Alaska Salmon Research Task Force Act . 2. Purposes The purposes of this Act are— (1) to ensure that Pacific salmon trends in Alaska regarding productivity and abundance are characterized and that research needs are identified; (2) to prioritize scientific research needs for Pacific salmon in Alaska; (3) to address the increased variability or decline in Pacific salmon returns in Alaska by creating a coordinated salmon research strategy; and (4) to support collaboration and coordination for Pacific salmon conservation efforts in Alaska. 3. Sense of Congress It is the sense of Congress that— (1) salmon are an essential part of Alaska’s fisheries, including subsistence, commercial, and recreational uses, and there is an urgent need to better understand the freshwater and marine biology and ecology of salmon, a migratory species that crosses many borders, and for a coordinated salmon research strategy to address salmon returns that are in decline or experiencing increased variability; (2) salmon are an essential element for the well-being and health of Alaskans; and (3) there is a unique relationship between people of Indigenous heritage and the salmon they rely on for subsistence and traditional and cultural practices. 4. Alaska Salmon Research Task Force (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Governor of Alaska, shall convene an Alaska Salmon Research Task Force (referred to in this section as the Research Task Force ) to— (1) review existing Pacific salmon research; (2) identify applied research needed to better understand the increased variability and declining salmon returns in some regions of Alaska; and (3) support sustainable management of salmon in Alaska. (b) Composition and appointment (1) In general The Research Task Force shall be composed of not fewer than 13 and not more than 19 members, who shall be appointed under paragraphs (2) and (3). (2) Appointment by secretary The Secretary of Commerce shall appoint members to the Research Task Force as follows: (A) One representative from each of the following: (i) The National Oceanic and Atmospheric Administration who is knowledgeable about salmon and salmon research efforts in Alaska and is from the Alaska Region. (ii) The North Pacific Fishery Management Council. (iii) The United States section of the Pacific Salmon Commission. (B) Not less than 2 and not more than 5 representatives from each of the following categories, at least 2 of whom shall represent Alaska Natives who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska, to be appointed with due regard to differences in regional perspectives and experience: (i) Residents of Alaska who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska. (ii) Alaska fishing industry representatives throughout the salmon supply chain, including from— (I) directed commercial fishing; (II) recreational fishing; (III) charter fishing; (IV) seafood processors; (V) salmon prohibited species catch (bycatch) users; or (VI) hatcheries. (C) 5 representatives who are academic experts in salmon biology, salmon management, salmon ecology (marine and freshwater), or comprehensive marine research planning in the North Pacific. (3) Appointment by the governor of alaska The Governor of Alaska shall appoint to the Research Task Force one representative from the State of Alaska who is knowledgeable about the State of Alaska’s salmon management and research efforts. (c) Duties (1) Review The Research Task Force shall— (A) conduct a review of Pacific salmon science relevant to understanding and managing salmon returns in Alaska, including an examination of— (i) traditional ecological knowledge of salmon populations and their ecosystems; (ii) marine carrying capacity and density dependent constraints, including an examination of interactions with other salmon species, and with forage base in marine ecosystems; (iii) life-cycle and stage-specific mortality; (iv) genetic sampling and categorization of population structure within salmon species in Alaska; (v) methods for predicting run-timing and stock sizes; (vi) oceanographic models that provide insight into stock distribution, growth, and survival; (vii) freshwater, estuarine, and marine processes that affect survival of smolts; (viii) climate effects on freshwater and marine habitats; (ix) predator/prey interactions between salmon and marine mammals or other predators; and (x) salmon productivity trends in other regions, both domestic and international, that put Alaska salmon populations in a broader geographic context; and (B) identify scientific research gaps in understanding the Pacific salmon life cycle in Alaska. (2) Report Not later than 1 year after the date the Research Task Force is convened, the Research Task Force shall submit to the Secretary of Commerce, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Alaska State Legislature, and make publicly available, a report— (A) describing the review conducted under paragraph (1); and (B) that includes— (i) recommendations on filling knowledge gaps that warrant further scientific inquiry; and (ii) findings from the reports of work groups submitted under subsection (d)(2)(C). (d) Administrative matters (1) Chairperson and vice chairperson The Research Task Force shall select a Chair and Vice Chair by vote from among the members of the Research Task Force. (2) Work groups (A) In general The Research Task Force— (i) not later than 30 days after the date of the establishment of the Research Task Force, shall establish a work group focused specifically on salmon returns in the AYK (Arctic-Yukon-Kuskoskim) regions of Western Alaska; and (ii) may establish additional regionally or stock focused work groups within the Research Task Force, as members determine appropriate. (B) Composition Each work group established under this subsection shall— (i) consist of not less than 5 individuals who— (I) are knowledgeable about the stock or region under consideration; and (II) need not be members of the Research Task Force; and (ii) be balanced in terms of stakeholder representation, including commercial, recreational, and subsistence fisheries, as well as experts in statistical, biological, economic, social, or other scientific information as relevant to the work group’s focus. (C) Reports Not later than 9 months after the date the Research Task Force is convened, each work group established under this subsection shall submit a report with the work group's findings to the Research Task Force. (3) Compensation Each member of the Research Task Force shall serve without compensation. (4) Administrative support The Secretary of Commerce shall provide such administrative support as is necessary for the Research Task Force and its work groups to carry out their duties, including support for virtual or in-person participation and travel expenses. (e) Federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Research Task Force. | https://www.govinfo.gov/content/pkg/BILLS-117s3429is/xml/BILLS-117s3429is.xml |
117-s-3430 | II 117th CONGRESS 1st Session S. 3430 IN THE SENATE OF THE UNITED STATES December 16, 2021 Mr. Hoeven (for himself, Mr. Barrasso , Mrs. Capito , Mr. Cramer , Mr. Daines , Mr. Lankford , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To maintain the National Coal Council in the Department of Energy to provide advice and recommendations to the Secretary of Energy on matters relating to coal and the coal industry, and for other purposes.
1. Short title This Act may be cited as the Coal Council Certainty Act of 2021 . 2. National Coal Council (a) In general The Secretary of Energy shall maintain the National Coal Council, in accordance with the charter for the National Coal Council (as filed with Congress on November 19, 2021). (b) Applicability of the Federal Advisory Committee Act (1) In general Subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the National Coal Council. (2) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Coal Council. | https://www.govinfo.gov/content/pkg/BILLS-117s3430is/xml/BILLS-117s3430is.xml |
117-s-3431 | II 117th CONGRESS 1st Session S. 3431 IN THE SENATE OF THE UNITED STATES December 17, 2021 Mr. Kelly (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 support programs and services under the Older Americans Act of 1965 through innovation and modernization, and for other purposes.
1. Short title This Act may be cited as the Revitalizing the Aging Network Act . 2. Funding for the aging network and infrastructure (a) Appropriation (1) In general In addition to amounts otherwise available, there are appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to the Department of Health and Human Services— (A) such sums as may be necessary to carry out part B of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030d et seq. ), including for— (i) supportive services of the type made available for fiscal year 2021 and authorized under such part; (ii) investing in the aging network for the purposes of improving the availability of supportive services, including investing in the aging network workforce; (iii) the acquisition, alteration, or renovation of facilities, including multipurpose senior centers, intergenerational shared-site models, and mobile units; and (iv) construction or modernization of facilities to serve as multipurpose senior centers; (B) such sums as may be necessary to carry out part C of title III of such Act ( 42 U.S.C. 3030d–21 et seq. ), including to support the modernization of infrastructure and technology, including kitchen equipment and delivery vehicles, to support the provision of congregate nutrition services and home delivered nutrition services under such part; (C) such sums as may be necessary to carry out part E of title III of such Act ( 42 U.S.C. 3030s et seq. ), including section 373(e) of such Act ( 42 U.S.C. 3030s–1(e) ); (D) such sums as may be necessary to carry out title VI of such Act ( 42 U.S.C. 3057 et seq. ), including part C of such title ( 42 U.S.C. 3057k–11 et seq. ); (E) such sums as may be necessary to carry out the long-term care ombudsman program under title VII of such Act ( 42 U.S.C. 3058 et seq. ); (F) such sums as may be necessary for technical assistance centers or national resource centers supported under such Act, including all such centers that received funding under title IV of such Act ( 42 U.S.C. 3031 et seq. ) for fiscal year 2021, in order to support technical assistance and resource development related to culturally appropriate care management and services for older individuals with the greatest social need, including racial and ethnic minority individuals; (G) such sums as may be necessary for technical assistance centers or national resource centers supported under such Act that are focused on providing services for older individuals who are underserved due to their sexual orientation or gender identity; and (H) such sums as may be necessary to carry out section 417 of such Act ( 42 U.S.C. 3032f ). (2) Availability Amounts appropriated by this subsection shall remain available until expended. (b) Requirements for recipients of funding (1) Coordination Any entity receiving funds made available under this section shall coordinate, to the extent practicable, activities with organizations providing the same services as those funded under this section, or facilitating the delivery of such services, to older individuals served by the Older Americans Act of 1965. (2) Submission of data An entity receiving funds made available under this section shall submit relevant data as the Assistant Secretary may require for purposes of the evaluation conducted under subsection (c). (c) Program evaluation (1) In general Not later than 6 years after the date of the enactment of this Act, the Assistant Secretary, shall by grant, contract, or interagency agreement— (A) evaluate the outcomes of all projects or activities supported by funds made available under this section; and (B) submit a report on such evaluation to Congress. (2) Contents The report required under paragraph (1) shall describe— (A) the innovations in program and service delivery undertaken through funds made available under this section; (B) the impact of such innovations on the communities served by such programs or services and the entities providing the programs or services; and (C) the impact of such innovations on older individuals participating in such programs or services. (d) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, any Federal, State, or other funds otherwise available to provide programs and services to older individuals. (e) Nonapplicability of certain requirements The non-Federal contribution requirements under sections 304(d)(1)(D) and 431(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3024(d)(1)(D) ; 42 U.S.C. 3033(a) ), and section 373(h)(2) of such Act ( 42 U.S.C. 3030s–1(h)(2) ), shall not apply to— (1) any amounts made available under this section; or (2) any amounts made available under section 2921 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (f) Definitions In this section, the terms aging network , Assistant Secretary , and older individual have the meanings given such terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3431is/xml/BILLS-117s3431is.xml |
117-s-3432 | II 117th CONGRESS 1st Session S. 3432 IN THE SENATE OF THE UNITED STATES December 17, 2021 Mr. Warnock (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Comptroller General of the United States to submit to Congress a report on initiatives of the Department of Defense to source locally and regionally produced foods for consumption or distribution at installations of the Department of Defense.
1. Short title This Act may be cited as the Farm to Base Food Security Act . 2. Report on initiatives of Department of Defense to source locally and regionally produced foods for installations of the Department (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report detailing— (1) current procurement practices of the Department of Defense regarding food for consumption or distribution on installations of the Department; (2) efforts by the Department of Defense to establish and strengthen farm to base initiatives to source locally and regionally produced foods, including seafood, for consumption or distribution at installations of the Department; (3) efforts by the Department to collaborate with relevant Federal agencies, including the Department of Veterans Affairs, the Department of Agriculture, and the Department of Commerce, to procure locally and regionally produced foods; (4) opportunities where procurement of locally and regionally produced foods would be beneficial to members of the Armed Forces, their families, military readiness by improving health outcomes, and farmers near installations of the Department; (5) barriers currently preventing the Department from increasing procurement of locally and regionally produced foods or preventing producers from partnering with nearby installations of the Department; and (6) recommendations for how the Department can improve procurement practices to increase offerings of locally and regionally produced foods. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (2) the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3432is/xml/BILLS-117s3432is.xml |
117-s-3433 | II 117th CONGRESS 1st Session S. 3433 IN THE SENATE OF THE UNITED STATES December 17, 2021 Mr. Blumenthal (for himself, Mr. Graham , Ms. Ernst , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a strategy to support nationals of Afghanistan who are applicants for special immigrant visas or for referral to the United States Refugee Admissions Program, and for other purposes.
1. Short title This Act may be cited as the Honor Our Commitment Act of 2021 . 2. Sense of Congress It is the sense of Congress that the United States should increase support for nationals of Afghanistan who aided the United States mission in Afghanistan during the past 20 years and are now under threat from the Taliban, specifically such nationals of Afghanistan, in Afghanistan or third countries, who are applicants for— (1) special immigrant visas under the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note; Public Law 109–163 ); or (2) referral to the United States Refugee Admissions Program as refugees (as defined in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) )), including as Priority 2 refugees. 3. Strategy to support certain nationals of Afghanistan (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a strategy for the safe processing abroad of nationals of Afghanistan described in section 2. (b) Elements The strategy required by subsection (a) shall include a detailed plan— (1) to prioritize for evacuation from Afghanistan nationals of Afghanistan described in section 2; (2) to provide for security checks for such nationals of Afghanistan, which— (A) shall be conducted remotely before departure from Afghanistan; and (B) shall not take the place of post-departure security screening; (3) to facilitate, after such security checks, the rapid departure from Afghanistan by air charter and land passage of such nationals of Afghanistan who satisfy the requirements of such security checks; (4) to provide letters of support, diplomatic notes, and other documentation, as appropriate, to ease transit for such nationals of Afghanistan; (5) to engage governments of relevant countries to better facilitate evacuation of such nationals of Afghanistan; (6) to disseminate frequent updates to such nationals of Afghanistan and relevant nongovernmental organizations with respect to evacuation from Afghanistan; (7) to identify and establish sufficient locations outside Afghanistan and the United States that will accept such nationals of Afghanistan during case processing (including during the processes of security checks and establishing the eligibility of such nationals of Afghanistan before their travel to the United States, which shall include any in-person interview required for full adjudication of a case and, in the case of a special immigrant visa, issuance of such visa) for— (A) the special immigrant visas described in paragraph (1) of section 2; or (B) referral to, and acceptance for resettlement in the United States by, the United States Refugee Admissions Program described in paragraph (2) of that section; (8) to identify necessary resource, personnel, and equipment requirements to increase capacity to better support such nationals of Afghanistan and reduce their application processing times, while ensuring strict and necessary security checks, including, to the extent practicable, by allowing such nationals of Afghanistan to receive referrals to the United States Refugee Admissions Program while they are still in Afghanistan so as to initiate application processing more expeditiously; and (9) to provide for relocation outside Afghanistan to third countries for nationals of Afghanistan described in section 2 who are unable to successfully complete security checks and application processing to establish eligibility to travel to the United States. (c) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 4. Monthly report (a) In general Not later than 60 days after the date of the enactment of this Act, and monthly thereafter until December 31, 2022, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on efforts to support nationals of Afghanistan described in section 2. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of nationals of Afghanistan referred to the United States Refugee Admissions Program as Priority 1 and Priority 2 refugees since August 29, 2021. (2) An assessment of whether each such refugee— (A) remains in Afghanistan; or (B) is outside Afghanistan. (3) With respect to nationals of Afghanistan who have applied for referral to the United States Refugee Program, the number of applications that— (A) have been approved; (B) have been denied; and (C) are pending adjudication. (4) The number of nationals of Afghanistan who have pending applications for special immigrant visas described in section 2(1), disaggregated by the special immigrant visa processing steps completed with respect to such individuals. (5) A description of the measures taken to implement the strategy under section 3. 5. Definition of appropriate committees of Congress In this Act, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs; and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Armed Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3433is/xml/BILLS-117s3433is.xml |
117-s-3434 | II 117th CONGRESS 1st Session S. 3434 IN THE SENATE OF THE UNITED STATES December 17, 2021 Mr. Peters (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To commission a study relating to the manufacturing programs of the Department of Commerce, and for other purposes.
1. Short title This Act may be cited as the Strengthening Support for American Manufacturing Act . 2. Study on the manufacturing programs of the Department of Commerce (a) Definitions In this section: (1) Academy The term Academy means the National Academy of Public Administration. (2) Commerce manufacturing programs The term commerce manufacturing programs mean the manufacturing programs of the Department of Commerce. (b) Study The Secretary of Commerce shall enter into a contract with the Academy to conduct a study— (1) on the commerce manufacturing programs, the statutory foundations of the commerce manufacturing programs, and the merits and limitations of the commerce manufacturing programs; (2) that considers and evaluates options to optimize the management of the commerce manufacturing programs, including options to consolidate the administration of the commerce manufacturing programs by creating an agency responsible for that administration; and (3) suggests a structure for legislation that would implement the options described in paragraph (2). (c) Contents The study conducted under subsection (b) shall include— (1) a comprehensive collection of the statutory authorities for the commerce manufacturing programs; (2) an assessment of available Federal proposals to consolidate the commerce manufacturing programs; and (3) a consideration of the administrative and organizational relationships— (A) between the heads of the commerce manufacturing programs; (B) within the Department of Commerce; and (C) between the Department of Commerce and States. (d) Report to Congress Not later than 1 year after the date on which the Academy enters into a contract to conduct a study under subsection (b), the Academy shall submit a summary of the findings and recommendations of the study to— (1) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Energy and Commerce of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3434is/xml/BILLS-117s3434is.xml |
117-s-3435 | II Calendar No. 230 117th CONGRESS 1st Session S. 3435 IN THE SENATE OF THE UNITED STATES December 17, 2021 Mr. Manchin , from the Committee on Energy and Natural Resources , reported the following original bill; which was read twice and placed on the calendar A BILL To extend the authorizations for certain National Heritage Areas, and for other purposes.
1. Short title This Act may be cited as the National Heritage Area Authority Extension Act of 2021 . 2. Extension of certain National Heritage Area authorities (a) Illinois and michigan canal national heritage corridor Section 126 of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking the date that is 15 years after the date of enactment of this section and inserting September 30, 2036 . (b) John H. chafee blackstone river valley national heritage corridor Section 10(a) of Public Law 99–647 ( 54 U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 3804) is amended by striking 2021 and inserting 2036 . (c) Delaware and lehigh national heritage corridor Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 ( 54 U.S.C. 320101 note; Public Law 100–692 ; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended— (1) in subsection (c)(1), by striking 2021 and inserting 2036 ; and (2) in subsection (d), by striking 2021 and inserting 2036 . (d) The last green valley national heritage corridor Section 106(b) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4755; 113 Stat. 1728; 123 Stat. 1291; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (e) National coal heritage area Section 107 of the National Coal Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (f) Tennessee civil war heritage area Section 208 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (g) Augusta canal national heritage corridor Section 310 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (h) Rivers of steel national heritage area Section 408 of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (i) Essex national heritage area Section 507 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (j) South carolina national heritage corridor Section 607 of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (k) America's Agricultural Heritage Partnership Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (l) Ohio & erie National Heritage Canalway Section 809 of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (m) Maurice D. Hinchey Hudson River Valley National Heritage Area Section 910 of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (n) MotorCities national heritage area Section 109 of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (o) Lackawanna valley national heritage area Section 108 of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (p) Schuylkill River Valley National Heritage Area Section 209 of the Schuylkill River Valley Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (q) Wheeling national heritage area Subsection (i) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (r) Yuma crossing national heritage area Section 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–319 ; 114 Stat. 1284; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (s) Erie canalway national heritage corridor Section 811 of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–295; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (t) Blue ridge national heritage area Subsection (j) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (u) National Aviation Heritage Area Section 512 of the National Aviation Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3367; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036 . (v) Oil Region National Heritage Area Section 608 of the Oil Region National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3372; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036 . (w) Northern rio grande national heritage area Section 208 of the Northern Rio Grande National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1790) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (x) Atchafalaya national heritage area Section 221 of the Atchafalaya National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1795) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (y) Arabia mountain national heritage area Section 240 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1799) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (z) Mormon pioneer national heritage area Section 260 of the Mormon Pioneer National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1807) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (aa) Freedom's frontier national heritage area Section 269 of the Freedom's Frontier National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1813) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (bb) Upper housatonic valley national heritage area Section 280B of the Upper Housatonic Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1819) is amended by striking the day occurring 15 years after the date of the enactment of this subtitle and inserting September 30, 2036 . (cc) Champlain Valley national heritage partnership Section 289 of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (dd) Great Basin National Heritage Route Section 291J of the Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1831) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (ee) Gullah/Geechee Cultural Heritage Corridor Section 295L of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1837) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (ff) Crossroads of the American Revolution National Heritage Area Section 297H of the Crossroads of the American Revolution National Heritage Area Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1844) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (gg) Abraham lincoln national heritage area Section 451 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 824) is amended by striking the date that is 15 years after the date of the enactment of this subtitle and inserting September 30, 2036 . (hh) Journey through hallowed ground national heritage area Section 411 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 809) is amended by striking the date that is 15 years after the date of enactment of this subtitle and inserting September 30, 2036 . (ii) Niagara falls national heritage area Section 432 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 818) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (jj) Kenai Mountains-Turnagain Arm National Heritage Area Section 8010(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1288) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . 3. Authorizations of appropriations for certain National Heritage Areas (a) Rivers of steel national heritage area Section 409(a) of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000 . (b) Essex national heritage area Section 508(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000 . (c) South carolina national heritage corridor Section 608(a) of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 122 Stat. 824; 133 Stat. 2714) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000 . (d) America’s agricultural heritage partnership Section 708(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000 . (e) Ohio & erie national heritage canalway Section 812(a) of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 133 Stat. 778) is amended by striking $20,000,000 and inserting $22,000,000 . (f) Maurice d. hinchey hudson river valley national heritage area Section 909(c) of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4280; 122 Stat. 824) is amended, in the matter preceding paragraph (1), by striking $15,000,000 and inserting $17,000,000 . (g) MotorCities national heritage area Section 110(a) of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 133 Stat. 778) is amended, in the second sentence, by striking $12,000,000 and inserting $14,000,000 . (h) Wheeling national heritage area Subsection (h)(1) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 133 Stat. 778) is amended by striking $15,000,000 and inserting $17,000,000 . (i) Erie Canalway National Heritage Corridor Section 810(a)(1) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–303; 131 Stat. 461; 133 Stat. 2714) is amended by striking $14,000,000 and inserting $16,000,000 . (j) Illinois and michigan canal national heritage corridor Section 125(a) of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking $10,000,000 and inserting $12,000,000 . (k) The last green valley national heritage corridor Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4756; 113 Stat. 1729; 123 Stat. 1292; 133 Stat. 2714) is amended, in the first sentence, by striking $17,000,000 and inserting $19,000,000 . (l) Lackawanna valley national heritage area Section 109(a) of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 134 Stat. 1505) is amended by striking $12,000,000 and inserting $14,000,000 . (m) Schuylkill River Valley national heritage area Section 210(a) of the Schuylkill River Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824) is amended by striking $10,000,000 and inserting $12,000,000 . (n) Blue ridge national heritage area Subsection (i)(1) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking $14,000,000 and inserting $16,000,000 . 4. Extension of certain National Heritage and Cultural Heritage Corridor commissions (a) Erie canalway national heritage corridor commission Section 804(j) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–299; 123 Stat. 1294; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 . (b) Gullah/Geechee cultural heritage corridor commission Section 295D(d) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833; 130 Stat. 962) is amended by striking 15 years after the date of enactment of this Act and inserting on September 30, 2036 . 5. Extension of deadline to complete certain management plans Section 6001(c)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 54 U.S.C. 320101 note; Public Law 116–9 ; 133 Stat. 772) is amended by striking 3 and inserting 5 . 6. Redesignation of heritage areas (a) Silos & Smokestacks National Heritage Area (1) Redesignation The America’s Agricultural Heritage Partnership established by section 703(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ; 110 Stat. 4266) shall be known and designated as the Silos & Smokestacks National Heritage Area . (2) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the partnership referred to in subsection (a) shall be deemed to be a reference to the Silos & Smokestacks National Heritage Area . (b) Great Basin National Heritage Area (1) Designation of the Great Basin National Heritage Area The Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended— (A) by striking the Heritage Route each place it appears and inserting the Heritage Area ; (B) by striking along each place it appears and inserting in ; (C) in the subtitle heading, by striking Route and inserting Area ; (D) in section 291, by striking Route and inserting Area ; (E) in section 291A(a)— (i) in paragraphs (2) and (3), by striking the Great Basin Heritage Route each place it appears and inserting the Great Basin National Heritage Area ; and (ii) in paragraph (13), by striking a Heritage Route and inserting a Heritage Area ; (F) in section 291B, by striking paragraph (2) and inserting the following: (2) Heritage area The term Heritage Area means the Great Basin National Heritage Area established by section 291C(a). ; (G) in section 291C— (i) in the section heading, by striking Route and inserting Area ; and (ii) in subsection (a), by striking Heritage Route and inserting Heritage Area ; and (H) in section 291L(d), in the subsection heading, by striking in Heritage Route and inserting in Heritage Area . (2) Designation of Great Basin Heritage Area Partnership The Great Basin National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking Great Basin Heritage Route Partnership each place it appears and inserting Great Basin Heritage Area Partnership . 7. Effective date This Act, including the amendments made by this Act, shall take effect 1 day after the date of enactment of this Act.
December 17, 2021 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3435rs/xml/BILLS-117s3435rs.xml |
117-s-3436 | II Calendar No. 231 117th CONGRESS 1st Session S. 3436 IN THE SENATE OF THE UNITED STATES December 18 (legislative day, December 17), 2021 Mr. Cruz (for himself and Mr. Risch ) introduced the following bill; which was read twice and ordered placed on the calendar A BILL To require the imposition of sanctions with respect to entities responsible for the planning, construction, or operation of the Nord Stream 2 pipeline and their corporate officers and to apply congressional review under the Countering America’s Adversaries Through Sanctions Act to the removal of sanctions relating to Nord Stream 2, and for other purposes.
1. Short title This Act may be cited as the Protecting Europe's Energy Security Implementation Act . 2. 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) In general (A) Visas, admission, or parole An alien described in subsection (a)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) 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. (ii) 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) 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 congressional committees a report on the waiver and the reason for the waiver. (e) 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. (f) 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. (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 congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) 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. 3. 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 . 4. 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 2 of the Protecting Europe's Energy Security Implementation Act ; and . 5. 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 2 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 decision-makers, 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); and (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).
December 18 (legislative day, December 17), 2021 Read twice and ordered placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3436pcs/xml/BILLS-117s3436pcs.xml |
117-s-3437 | II 117th CONGRESS 1st Session S. 3437 IN THE SENATE OF THE UNITED STATES December 18 (legislative day, December 17), 2021 Mr. Durbin (for himself and Mr. Grassley ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To extend certain COVID–19 bankruptcy relief provisions through March 27, 2022.
1. Short title This Act may be cited as the COVID-19 Bankruptcy Relief Extension Consolidation Act of 2021 . 2. Extensions Section 1001 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 124 Stat. 3216) is amended by striking the date that is 1 year after the date of enactment of this Act each place the term appears and inserting March 27, 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s3437cps/xml/BILLS-117s3437cps.xml |
117-s-3438 | II 117th CONGRESS 2d Session S. 3438 IN THE SENATE OF THE UNITED STATES January 4, 2022 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
1. Short title This Act may be cited as the National Service Animals Memorial Act . 2. Findings Congress finds that— (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when— (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II— (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan— (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosion devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog— (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as— (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to— (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support— (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of— (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as— (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by— (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. 3. Authorization to establish commemorative work (a) In general The National Service Animals Monument Corporation (referred to in this section as the Corporation ) may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (b) Compliance with standards for commemorative works The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Prohibition on the use of Federal funds (1) In general Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the National Service Animals Monument Corporation The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of excess funds (1) In general If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Corporation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of that title. | https://www.govinfo.gov/content/pkg/BILLS-117s3438is/xml/BILLS-117s3438is.xml |
117-s-3439 | II 117th CONGRESS 2d Session S. 3439 IN THE SENATE OF THE UNITED STATES January 4, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to promulgate regulations modifying labeling requirements for beef and beef food products.
1. Short title This Act may be cited as the Bona Fide Beef Branding Act of 2022 . 2. Beef labeling regulations (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate regulations that, for beef and beef food products subject to the requirements of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. )— (1) eliminate the use of the label Product of U.S.A. ; and (2) establish, and allow for the voluntary use of, the labels described in subsection (b). (b) Labels The labels referred to in subsection (a)(2) are the following: (1) Processed in U.S.A The label Processed in U.S.A. means that the beef or beef food product has undergone substantial transformation in a facility in the United States subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (2) Raised and Processed in U.S.A The label Raised and Processed in U.S.A. means that the live animal that is the source of the beef or beef food product is raised in the United States for not less than 100 days before it is processed at a facility described in paragraph (1). (3) Born, Raised, and Processed in U.S.A The label Born, Raised, and Processed in U.S.A. means that the live animal that is the source of the beef or beef food product is born and raised in the United States and processed at a facility described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3439is/xml/BILLS-117s3439is.xml |
117-s-3440 | II 117th CONGRESS 2d Session S. 3440 IN THE SENATE OF THE UNITED STATES January 4, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID–19 pandemic.
1. Ensuring fairness for State contracts relating to supplies to combat COVID–19 pandemic (a) Treatment under Defense Production Act of 1950 Section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ) is amended— (1) in subsection (a), by striking The President and inserting Except as provided by subsection (e), the President ; and (2) by adding at the end the following: (e) Exception for State contracts relating to COVID–19 pandemic The President may not exercise the authority provided by subsection (a) on or after the date of the enactment of this subsection to prioritize the performance of contracts or orders of the Federal Government relating to the purchase of supplies to combat the COVID–19 pandemic over the performance of contracts or orders of the government of a State or territory or possession of the United States relating to the purchase of such supplies. . (b) Treatment under Federal Food, Drug, and Cosmetic Act Section 564(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(j) ) is amended by adding at the end the following: (5) Nothing in this section or any other provision of law shall be construed to authorize the Secretary to ration a drug authorized for use under this section, limit or restrict access to such a drug, or otherwise control the quantity of such a drug made available for or distributed to any State or territory, including by imposing any limitation on distribution of such a drug to governmental entities, such as requiring a State- and territorial-coordinated distribution system or similar distribution system. . (c) Use of COVID–19 relief funds To purchase supplies for States (1) In general Notwithstanding any other provision of law, a State or territory or possession of the United States may use funds described in paragraph (2) to purchase supplies to combat the COVID–19 pandemic that the State, territory, or possession was unable to purchase before the date of the enactment of this Act because of the invocation by the President of the authority to prioritize contracts and orders under section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ). (2) Funds described Funds described in this paragraph are funds made available to a State or territory or possession of the United States pursuant to any of the following Acts and available for obligation as of the date of the enactment of this Act: (A) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ; 134 Stat. 146). (B) The Families First Coronavirus Response Act ( Public Law 116–127 ; 134 Stat. 178). (C) The Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ; 134 Stat. 281). (D) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620). (E) The Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (F) The American Rescue Plan Act of 2021 ( Public Law 117–2 ). (G) Any other Act providing funding relating to the COVID–19 pandemic. | https://www.govinfo.gov/content/pkg/BILLS-117s3440is/xml/BILLS-117s3440is.xml |
117-s-3441 | II 117th CONGRESS 2d Session S. 3441 IN THE SENATE OF THE UNITED STATES January 5, 2022 Ms. Smith (for herself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Development Banking and Financial Institutions Act of 1994 to reauthorize and improve the community development financial institutions bond guarantee program, and for other purposes.
1. Short title This Act may be cited as the CDFI Bond Guarantee Program Improvement Act of 2022 . 2. Guarantees for bonds and notes issued for community or economic development purposes Section 114A of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4713a ) is amended— (1) in subsection (c)(2), by striking , multiplied by an amount equal to the outstanding principal balance of issued notes or bonds ; (2) in subsection (e)(2)(B), by striking $100,000,000 and inserting $25,000,000 ; and (3) by striking subsection (k). | https://www.govinfo.gov/content/pkg/BILLS-117s3441is/xml/BILLS-117s3441is.xml |
117-s-3442 | VI 117th CONGRESS 2d Session S. 3442 IN THE SENATE OF THE UNITED STATES January 5, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL For the relief of Michael Janssen and Steven Passantino.
1. Law enforcement officer retirement benefits for Michael Janssen and Steven Passantino (a) Definition In this section, the term law enforcement officer has the meaning given the term in section 8401 of title 5, United States Code. (b) Deeming of service Notwithstanding any other provision of law, and subject to subsection (c), Michael Janssen and Steven Passantino shall, during any period in which the applicable individual is employed as a series 1895 officer of the U.S. Customs and Border Protection before, on, or after the date of enactment of this Act, be deemed to be performing service as a law enforcement officer under chapter 84 of title 5, United States Code, and shall be subject to the terms and conditions applicable to a law enforcement officer under that chapter. (c) Creditable service; deposit Any creditable service performed before the date of enactment of this Act by Michael Janssen or Steven Passantino under chapter 84 of title 5, United States Code, as a series 1895 officer of the U.S. Customs and Border Protection shall be deemed to be service as a law enforcement officer only if the applicable individual meets the deposit requirements of section 8411(f) of title 5, United States Code, with respect to that service. | https://www.govinfo.gov/content/pkg/BILLS-117s3442is/xml/BILLS-117s3442is.xml |
117-s-3443 | II 117th CONGRESS 2d Session S. 3443 IN THE SENATE OF THE UNITED STATES January 5, 2022 Mr. Shelby introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To extend Federal recognition to the MOWA Band of Choctaw Indians, and for other purposes.
1. Short title This Act may be cited as the MOWA Band of Choctaw Indians Recognition Act . 2. Definitions In this Act: (1) Member The term member means— (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who is included on the membership roll of the Tribe under section 4. (2) Reservation The term Reservation means the boundaries of the reservation of the Tribe, which are the same as the boundaries of Washington County and Mobile County in the State of Alabama. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Tribe The term Tribe means the MOWA Band of Choctaw Indians. 3. Federal recognition (a) Federal recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or Indian Tribes, nations, or bands of Indians, including the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq. ), that are not inconsistent with this Act shall be applicable to the Tribe and the members. (b) Federal services and benefits (1) In general Beginning on the date of enactment of this Act, the Tribe and the members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian Tribes and members of federally recognized Indian Tribes, without regard to— (A) the existence of a reservation for the Tribe; or (B) the location of the residence of any member, including whether the member resides on or near a reservation. (2) Service area For the purpose of the delivery of Federal services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Washington County and Mobile County in the State of Alabama. 4. Membership roll (a) In general Not later than 18 months after the date of enactment of this Act, the Tribe shall submit to the Secretary an initial membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with— (1) the Constitution of the Mobile-Washington County Band of Choctaw Indians of South Alabama, enacted on June 15, 1991; and (2) any amendments or changes to the Constitution. (c) Maintenance of roll The Tribe shall have the sole authority and responsibility to maintain the membership roll under this section. 5. Reservation of the Tribe (a) In general The Secretary shall acquire and take into trust for the benefit of the Tribe title to land identified by the Tribe, not to exceed 3,223 acres, within the Reservation. (b) Subsequent trust acquisitions The Secretary may acquire and take into trust for the benefit of the Tribe additional land pursuant to section 5 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) ( 25 U.S.C. 5108 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3443is/xml/BILLS-117s3443is.xml |
117-s-3444 | II 117th CONGRESS 2d Session S. 3444 IN THE SENATE OF THE UNITED STATES January 5, 2022 Ms. Warren (for herself, Ms. Smith , Mr. Padilla , Ms. Rosen , Mr. Heinrich , Ms. Baldwin , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that facilities of the Indian Health Service, facilities operated by an Indian Tribe, Tribal organization, or inter-Tribal consortium, and facilities operated by an urban Indian organization receive items from the strategic national stockpile and qualified pandemic or epidemic products directly from the Department of Health and Human Services.
1. Short title This Act may be cited as the Tribal Medical Supplies Stockpile Access Act of 2022 . 2. Provision of items to Indian programs and facilities (a) Strategic national stockpile Section 319F–2(a)(3)(G) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting , and, in the case that the Secretary deploys the stockpile under this subparagraph, ensure, in coordination with the applicable States and programs and facilities, that appropriate drugs, vaccines and other biological products, medical devices, and other supplies are deployed by the Secretary directly to health programs or facilities operated by the Indian Health Service, an Indian Tribe, a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), or an inter-Tribal consortium (as defined in section 501 of the Indian Self-Determination and Education Assistance Act) or through an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), while avoiding duplicative distributions to such programs or facilities before the semicolon. (b) Distribution of qualified pandemic or epidemic products to IHS facilities Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 319F–4 the following: 319F–5. Distribution of qualified pandemic or epidemic products to Indian programs and facilities In the case that the Secretary distributes qualified pandemic or epidemic products (as defined in section 319F–3(i)(7)) to States or other entities, the Secretary shall ensure, in coordination with the applicable States and programs and facilities, that, as appropriate, such products are distributed directly to health programs or facilities operated by the Indian Health Service, an Indian Tribe, a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), or an inter-Tribal consortium (as defined in section 501 of the Indian Self-Determination and Education Assistance Act) or through an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), while avoiding duplicative distributions to such programs or facilities. . | https://www.govinfo.gov/content/pkg/BILLS-117s3444is/xml/BILLS-117s3444is.xml |
117-s-3445 | II 117th CONGRESS 2d Session S. 3445 IN THE SENATE OF THE UNITED STATES January 6, 2022 Mr. Cassidy (for himself, Mr. Menendez , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Combat-Injured Veterans Tax Fairness Act of 2016 to apply to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, and for other purposes.
1. Short title This Act may be cited as the Coast Guard Combat-Injured Tax Fairness Act . 2. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries (a) Application to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy The Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note) is amended— (1) in section 3(a)— (A) in the matter preceding paragraph (1), by inserting (and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation) after the Secretary of Defense ; and (B) in paragraph (1)(A)— (i) in clause (i), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; (ii) in clause (ii), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; and (iii) in clause (iv), striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; (2) in section 4— (A) in the section heading, by inserting and Secretary of Homeland Security after Secretary of Defense ; (B) by inserting (and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) after The Secretary of Defense ; and (C) by striking made by the Secretary and inserting made by the Secretary of Defense (or the Secretary of Homeland Security with respect to the Coast Guard) ; and (3) in section 5— (A) in subsection (a)— (i) by inserting (and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation) after the Secretary of Defense ; and (ii) by striking the Secretary to and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) to ; and (B) in subsection (b)— (i) in paragraph (2), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; and (ii) in paragraph (3), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) . (b) Deadlines (1) Identification of amounts improperly withheld and reporting The Secretary of Homeland Security and the Secretary of Transportation shall carry out the requirements under— (A) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note), as amended by subsection (a)(1), not later than one year after the date of the enactment of this Act; and (B) section 5 of that Act, as amended by subsection (a)(3), not later than one year after the date of the enactment of this Act. (2) Ensuring amounts are not improperly withheld The Secretary of Homeland Security shall carry out the requirements under section 4 of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note), as amended by subsection (a)(2), beginning on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3445is/xml/BILLS-117s3445is.xml |
117-s-3446 | II 117th CONGRESS 2d Session S. 3446 IN THE SENATE OF THE UNITED STATES January 6, 2022 Ms. Cortez Masto (for herself, Mr. Blumenthal , Ms. Hirono , Mr. Wyden , Mr. Merkley , Mr. Markey , Mr. Murphy , Mr. Van Hollen , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide increased oversight of certain pardons, to clarify the applicability of bribery prohibitions to pardons and commutations, and for other purposes.
1. Short title This Act may be cited as the Abuse of the Pardon Prevention Act of 2022 . 2. Department of Justice oversight relating to certain pardons (a) Definitions In this section: (1) Covered offense The term covered offense means— (A) an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target, subject, or witness; (B) an offense under section 192 of title 2, United States Code; or (C) an offense under section 1001, 1505, 1512, or 1621 of title 18, United States Code, provided that the offense occurred in relation to a Congressional proceeding or investigation. (2) Inspector General The term Inspector General means the Inspector General of the Department of Justice. (3) Pardon The term pardon includes a commutation of sentence. (4) Relative The term relative has the meaning given that term in section 3110(a) of title 5, United States Code. (b) Required investigation In the event that the President grants an individual a pardon for a covered offense, as soon as practicable after the date of such pardon, the Inspector General of the Department of Justice shall begin an investigation of the pardon. (c) Required information (1) In general Not later than 30 days after the date on which the President grants an individual a pardon for a covered offense, for purposes of an investigation under subsection (b)— (A) the Attorney General shall submit to the Inspector General— (i) all materials obtained or prepared by the prosecution team, including the Attorney General and any United States Attorney, and all materials obtained or prepared by any investigative agency of the United States government, relating to the offense for which the individual was so pardoned; and (ii) all materials obtained or produced by the Department of Justice in relation to the pardon; and (B) the President shall submit to the Inspector General all materials obtained or produced within the Executive Office of the President in relation to the pardon. (2) Report on noncompliance Not later than 10 days after the date on which the Attorney General or President fails or refuses to comply with the requirement under paragraph (1), the Inspector General shall submit a report to Congress on the failure or refusal, which shall include a list of the documents or information that has not been submitted as required under paragraph (1). (d) Treatment of information Rule 6(e) of the Federal Rules of Criminal Procedure may not be construed to prohibit the disclosure of information required by subsection (c) of this section. (e) Report (1) In general The Inspector General shall submit to Congress and publish a report of the findings of each investigation conducted under this section. (2) Form of report Each report submitted to Congress under this subsection shall be in unclassified form, but may, if necessary, contain a classified annex. 3. Congressional oversight relating to certain pardons (a) Submission of information In the event that the President grants an individual a pardon for a covered offense, not later than 30 days after the date of such pardon— (1) the Attorney General shall submit to the chairmen and ranking members of the appropriate congressional committees— (A) all materials obtained or prepared by the prosecution team, including the Attorney General and any United States Attorney, and all materials obtained or prepared by any investigative agency of the United States government, relating to the offense for which the individual was so pardoned; and (B) all materials obtained or produced by the Department of Justice in relation to the pardon; and (2) the President shall submit to the chairmen and ranking members of the appropriate congressional committees all materials obtained or produced within the Executive Office of the President in relation to the pardon. (b) Treatment of information Rule 6(e) of the Federal Rules of Criminal Procedure may not be construed to prohibit the disclosure of information required by subsection (a) of this section. (c) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate; and (B) if an investigation relates to intelligence or counterintelligence matters, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term covered offense means— (A) an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target, subject, or witness; (B) an offense under section 192 of title 2, United States Code; or (C) an offense under section 1001, 1505, 1512, or 1621 of title 18, United States Code, provided that the offense occurred in relation to a Congressional proceeding or investigation. (3) The term pardon includes a commutation of sentence. (4) The term relative has the meaning given that term in section 3110(a) of title 5, United States Code. 4. Bribery in connection with pardons and commutations Section 201 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , including the President and the Vice President of the United States, after or an officer or employee or person ; and (B) in paragraph (3), by inserting before the period at the end the following: , including any pardon, commutation, or reprieve, or offer any such pardon, commutation, or reprieve ; and (2) in subsection (b)(3), by inserting (including, for purposes of this paragraph, any pardon, commutation, or reprieve, or offer any such pardon, commutation, or reprieve) after corruptly gives, offers, or promises anything of value . 5. Prohibition on Presidential self-pardon The President’s grant of a pardon to himself or herself is void and of no effect, and shall not deprive the courts of jurisdiction, or operate to confer on the President any legal immunity from investigation or prosecution. 6. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s3446is/xml/BILLS-117s3446is.xml |
117-s-3447 | II 117th CONGRESS 2d Session S. 3447 IN THE SENATE OF THE UNITED STATES January 7, 2022 Mr. Blumenthal (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
1. Short title This Act may be cited as the National Service Animals Memorial Act . 2. Findings Congress finds that— (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when— (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II— (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan— (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosive devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog— (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as— (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to— (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support— (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of— (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as— (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by— (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. 3. Authorization to establish commemorative work (a) In general The National Service Animals Monument Corporation (referred to in this section as the Corporation ) may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (b) Compliance with standards for commemorative works The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Prohibition on the use of Federal funds (1) In general Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the National Service Animals Monument Corporation The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of excess funds (1) In general If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Corporation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of that title. 4. Effective date This Act shall take effect 1 day after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3447is/xml/BILLS-117s3447is.xml |
117-s-3448 | II 117th CONGRESS 2d Session S. 3448 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Warnock (for himself and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement for equality in interstate travel.
1. Short title This Act may be cited as the Freedom Riders Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) In 1960, the Supreme Court ruled in Boynton v. Virginia that segregated bus and rail stations were unconstitutional. (2) The rigid system of racial segregation that prevailed in the United States during the 1960s did not permit a Black person to sit next to a White person on any bus traveling through interstate commerce and in most locations in the South. Bus stations had Whites Only waiting areas and Blacks were not permitted to wait in those areas despite the Supreme Court making it the law of the land. (3) The Freedom Riders, with the intent to end segregation in public transportation throughout the South, paved the way for full racial integration of the United States transit system. They overcame prejudice, discrimination, and violence. They sparked a movement that changed our Nation. (4) The Congress of Racial Equality (C.O.R.E.) selected thirteen volunteers for nonviolent response training to join in the Freedom Rides from Washington, DC, to New Orleans, LA. The Freedom Riders used their strategies of nonviolence throughout the South to challenge the region’s Jim Crow laws directly and enforce the Supreme Court decision in Boynton. (5) On the morning of May 4, 1961, the Freedom Riders, comprised of seven Blacks and six Whites, boarded two buses, with Blacks and Whites seated together. Those thirteen Freedom Riders were: Genevieve Hughes Houghton, Charles Person, Hank Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most segregated States considered even this level of integration a crime. At various stops along the way, the Freedom Riders would enter areas designated Whites and Colored and would eat together at segregated lunch counters to defy local laws. (6) Initially, the Freedom Riders had encountered only minor clashes until a stop in South Carolina. In Rock Hill, an angry mob severely beat John Lewis, late Congressman from the 5th District of Georgia, when he entered the bus station. Henry Hank Thomas was jailed when he entered the bus station in Winnsboro. Authorities delivered him to a waiting mob long after the station had closed that evening. A local Black minister rescued Thomas, enabling him to rejoin the group in Columbia. However, Lewis was so badly beaten he could not continue the Freedom Rides. (7) Dr. Martin Luther King, Jr., and other civil rights leaders met with the group in Atlanta to dissuade their continuance through the Deep South due to death threats. Despite these warnings, more Freedom Riders joined in Atlanta. Dedicated to their mission to end segregation in the South and trained in nonviolent movements, the Freedom Riders continued on their journey. (8) On Mother’s Day, May 14, 1961, the Freedom Riders were on two different buses. An angry mob in Anniston, Alabama, firebombed the first bus. When the Freedom Riders rushed out, still choking from the thick smoke of the burning bus, the waiting angry mob beat them with lead pipes and baseball bats as the bus exploded. Ambulances refused to transport the Black Freedom Riders to the hospital. The mob beat the Freedom Riders on the second bus and forced them to sit in the back. As they journeyed to Birmingham, another mob savagely beat the Freedom Riders. (9) The Nashville (TN) Student Group, a local group of students who had been successful in desegregating the lunch counters and movie theaters in Nashville (TN), vowed not to let these acts of violence curtail the goal of the Freedom Rides. They sent their members to continue the Freedom Rides and called out to other student groups to do the same. (10) As the violence grew, the Attorney General of the United States called in the National Guard and the U.S. Marshals to protect the Freedom Riders as they journeyed through Alabama. This protection was short-lived. The Federal authorities turned the Freedom Riders over to the local authorities in Mississippi who then arrested the Freedom Riders for disturbing the peace. (11) The government of Mississippi imprisoned many of the Freedom Riders in Parchman Prison known for its horrific conditions, such as subjecting the Freedom Riders to strip searches, work on chain gangs, and light shining in their cells 24 hours a day. Despite these conditions, the Freedom Riders refused bail because they were determined to spread the message of their nonviolent movement. (12) Five months after the first Freedom Riders left on their historic ride, the Interstate Commerce Commission in conjunction with the U.S. Attorney General Robert Kennedy issued a Federal order banning segregation at all interstate public facilities based upon race, color or creed . The law became effective on November 1, 1961. (13) In 2011, Barack Obama, the President of the United States paid tribute to the Freedom Riders with a Presidential proclamation honoring the 50th anniversary of the first Freedom Ride by brave Americans whose selfless act of courage helped pave the way for others to continue on the road to Civil Rights in America. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement to equality in interstate travel. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the Freedom Riders. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale The amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3448is/xml/BILLS-117s3448is.xml |
117-s-3449 | II 117th CONGRESS 2d Session S. 3449 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Peters (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require foreign establishments engaged in the manufacture, preparation, propagation, compounding, or processing of a drug or device to register with the Food and Drug Administration regardless of whether the drug or device undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment outside the United States prior to being imported into the United States.
1. Short title This Act may be cited as the Registration of Certain Foreign Establishments Act . 2. Registration of certain foreign establishments (a) Registration of certain foreign establishments Section 510(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(i) ) is amended by adding at the end the following: (5) The requirements of paragraphs (1) and (2) shall apply regardless of whether the drug or device undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment outside the United States prior to being imported or offered for import into the United States. . (b) Updating regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations, as appropriate, to implement the amendment made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3449is/xml/BILLS-117s3449is.xml |
117-s-3450 | II 117th CONGRESS 2d Session S. 3450 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Daines (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to construct, operate, and maintain facilities in the Sun River project, Montana, for the purpose of hydroelectric power generation.
1. Short title This Act may be cited as the Sun River Hydropower Authorization Act . 2. Authorization of Sun River Project, Montana (a) Authorization The Secretary of the Interior, acting through the Commissioner of Reclamation and pursuant to the reclamation laws, may construct, operate, and maintain facilities in the Sun River project, Montana, for the purpose of hydroelectric power generation. (b) Effect The authorization under subsection (a) shall— (1) be in addition to any other authorizations for the Sun River project under existing law; and (2) not limit, restrict, or alter operations of the Sun River project in a manner that would be adverse to the satisfaction of valid existing water rights or water deliveries to the holder of any valid water service contract. | https://www.govinfo.gov/content/pkg/BILLS-117s3450is/xml/BILLS-117s3450is.xml |
117-s-3451 | 117th CONGRESS 2d Session S. 3451 IN THE SENATE OF THE UNITED STATES AN ACT To include certain computer-related projects in the Federal permitting program under title XLI of the FAST Act, and for other purposes.
1. Federal permitting improvement Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) ) is amended, in the matter preceding clause (i), by inserting semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, after manufacturing, .
Passed the Senate January 10, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s3451es/xml/BILLS-117s3451es.xml |
117-s-3452 | II Calendar No. 232 117th CONGRESS 2d Session S. 3452 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Toomey introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To ensure that State and local law enforcement may cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States.
1. Short title This Act may be cited as the Stop Dangerous Sanctuary Cities Act . 2. Ensuring that local and Federal law enforcement officers may cooperate to safeguard our communities (a) Authority To cooperate with Federal officials A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)— (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to actions taken to comply with the detainer, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal proceedings In any legal proceeding brought against a State, a political subdivision of State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)— (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer— (A) the officer, employee, or agent shall be deemed— (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of construction Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. 3. Sanctuary jurisdiction defined (a) In general Except as provided under subsection (b), for purposes of this Act, the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (b) Exception A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense. 4. Sanctuary jurisdictions ineligible for certain Federal funds (a) Economic Development Administration grants (1) Grants for public works and economic development Section 201(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(b) ) is amended— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) the area in which the project is to be carried out is not a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act ). . (2) Grants for planning and administrative expenses Section 203(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143(a) ) is amended by adding at the end the following: A sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act ) may not be deemed an eligible recipient under this subsection. . (3) Supplementary grants Section 205(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3145(a) ) is amended— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3)(B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) will be carried out in an area that does not contain a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act ). . (4) Grants for training, research, and technical assistance Section 207 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3147 ) is amended by adding at the end the following: (c) Ineligibility of sanctuary jurisdictions Grant funds authorized under this section may not be used to provide assistance to a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act ). . (b) Community Development Block Grants Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended— (1) in section 102(a) ( 42 U.S.C. 5302(a) ), by adding at the end the following: (25) The term sanctuary jurisdiction has the meaning provided in section 3 of the Stop Dangerous Sanctuary Cities Act . ; and (2) in section 104(b) ( 42 U.S.C. 5304(b) )— (A) in paragraph (5), by striking and at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and ; and (3) in section 106 ( 42 U.S.C. 5306 ), by adding at the end the following: (g) Protection of individuals against crime (1) In general No funds authorized to be appropriated to carry out this title may be obligated or expended for any State or unit of general local government that is a sanctuary jurisdiction. (2) Returned amounts (A) State If a State is a sanctuary jurisdiction during the period for which it receives amounts under this title, the Secretary— (i) shall direct the State to immediately return to the Secretary any such amounts that the State received for that period; and (ii) shall reallocate amounts returned under clause (i) for grants under this title to other States that are not sanctuary jurisdictions. (B) Unit of general local government If a unit of general local government is a sanctuary jurisdiction during the period for which it receives amounts under this title, any such amounts that the unit of general local government received for that period— (i) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned to the Secretary for grants under this title to States and other units of general local government that are not sanctuary jurisdictions; and (ii) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for grants under this title to other units of general local government in the State that are not sanctuary jurisdictions. (C) Reallocation rules In reallocating amounts under subparagraphs (A) and (B), the Secretary— (i) shall apply the relevant allocation formula under subsection (b), with all sanctuary jurisdictions excluded; and (ii) shall not be subject to the rules for reallocation under subsection (c). . (c) Effective date This section and the amendments made by this section shall take effect on October 1, 2022.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3452pcs/xml/BILLS-117s3452pcs.xml |
117-s-3453 | II Calendar No. 233 117th CONGRESS 2d Session S. 3453 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Tillis (for himself, Mr. Cotton , and Mr. Cornyn ) introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit the payment of certain legal settlements to individuals who unlawfully entered the United States.
1. Short title This Act may be cited as the Protect American Taxpayer Dollars from Illegal Immigration Act . 2. Limitation on legal settlements for individuals who unlawfully entered the United States (a) In general Notwithstanding any other provision of law, no Federal funds, including amounts deposited into the Judgment Fund established under section 1304 of title 31, United States Code, may be expended for any legal settlement to any individual who violated section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ) if the claims giving rise to such settlement are based on the lawful detention of such individual as part of a family unit after entry at a port of entry or between ports of entry along the southern border of the United States after January 20, 2017. (b) Effective date This section shall take effect on the date that is 1 day after the date of the enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3453pcs/xml/BILLS-117s3453pcs.xml |
117-s-3454 | II Calendar No. 234 117th CONGRESS 2d Session S. 3454 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Moran introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
1. Short title This Act may be cited as the Tribal Labor Sovereignty Act of 2022 . 2. Definition of employer (a) NLRA Amendment Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by inserting or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands, after subdivision thereof, ; and (2) by adding at the end the following: (15) The term Indian Tribe means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term Indian means any individual who is a member of an Indian Tribe. (17) The term Indian lands means— (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe. . (b) Effective date This Act and the amendments made by this Act shall take effect on the day after the date of enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3454pcs/xml/BILLS-117s3454pcs.xml |
117-s-3455 | II Calendar No. 235 117th CONGRESS 2d Session S. 3455 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Scott of South Carolina introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit the implementation of new requirements to report bank account deposits and withdrawals.
1. Short title This Act may be cited as the Prohibiting IRS Financial Surveillance Act . 2. Prohibition on new requirements to report bank account deposits and withdrawals (a) In general The Secretary of the Treasury (including any delegate of the Secretary) may not require any financial institution to report— (1) the inflows or outflows of any account maintained by such institution, or (2) any balances, transactions, transfers, or similar information with respect to any such account, except to the extent that such reporting is required under any program, or other provision of law, as in effect on the date of the enactment of this Act. (b) Effective date The provisions of this section shall take effect on the day after the date of enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3455pcs/xml/BILLS-117s3455pcs.xml |
117-s-3456 | II Calendar No. 236 117th CONGRESS 2d Session S. 3456 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mrs. Capito introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To enact the definition of waters of the United States into law, and for other purposes.
1. Short title This Act may be cited as the Navigable Waters Protection Act of 2022 . 2. Waters of the United States The definitions of the term waters of the United States and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on January 1, 2021), are enacted into law.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3456pcs/xml/BILLS-117s3456pcs.xml |
117-s-3457 | II Calendar No. 237 117th CONGRESS 2d Session S. 3457 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Cotton introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To codify the temporary scheduling order for fentanyl-related substances by adding fentanyl-related substances to schedule I of the Controlled Substances Act.
1. Short title This Act may be cited as the Protecting Americans from Fentanyl Trafficking Act of 2022 . 2. Placement of fentanyl-related substances in schedule I (a) In general Schedule I of section 202(c) of the Controlled substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: (e) (1) Fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. (2) For purposes of paragraph (1), the term fentanyl-related substance means any substance that— (A) is not listed in another schedule; (B) has not been approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or granted an exemption for investigational use under subsection (i) of such section 505; and (C) is structurally related to fentanyl by— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or (v) replacement of the N-propionyl group by another acyl group. . (b) Effective date The amendment made by subsection (a) shall take effect on January 28, 2022.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3457pcs/xml/BILLS-117s3457pcs.xml |
117-s-3458 | II Calendar No. 238 117th CONGRESS 2d Session S. 3458 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Toomey (for himself, Mr. Tillis , Mr. Cotton , Mr. Johnson , Mr. Hoeven , Mr. Braun , Mrs. Capito , Mr. Inhofe , Ms. Ernst , Mr. Blunt , Mr. Thune , Mrs. Blackburn , Mr. Rubio , Mr. Scott of Florida , Mr. Rounds , and Mr. Tuberville ) introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To amend title 18, United States Code, to provide enhanced penalties for convicted murderers who kill or target America’s public safety officers.
1. Short title This Act may be cited as the Thin Blue Line Act . 2. Aggravating Factors for Death Penalty (a) In general Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: (17) Killing or targeting of law enforcement officer (A) The defendant killed or attempted to kill, in the circumstance described in subparagraph (B), a person who is authorized by law— (i) to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law; (ii) to apprehend, arrest, or prosecute an individual for any criminal violation of law; or (iii) to be a firefighter or other first responder. (B) The circumstance referred to in subparagraph (A) is that the person was killed or targeted— (i) while he or she was engaged in the performance of his or her official duties; (ii) because of the performance of his or her official duties; or (iii) because of his or her status as a public official or employee. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 30 days after the date of enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3458pcs/xml/BILLS-117s3458pcs.xml |
117-s-3459 | II Calendar No. 239 117th CONGRESS 2d Session S. 3459 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Cramer introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit a Federal agency from promulgating any rule or guidance that bans hydraulic fracturing in the United States, and for other purposes.
1. Prohibition on promulgating any rule or guidance that bans hydraulic fracturing in the United States (a) Definition of hydraulic fracturing In this section, the term hydraulic fracturing means a process that— (1) stimulates or increases the production and ultimate recovery of oil or natural gas from a well by pumping a fluid and a proppant (such as sand or similar material) at high pressure into a well to create fractures in the reservoir that the proppant holds open; and (2) increases the surface of the formation available for oil and natural gas to flow into the wellbore. (b) Prohibition No Federal agency may propose, implement, or finalize a rule or guidance that bans hydraulic fracturing in the United States.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3459pcs/xml/BILLS-117s3459pcs.xml |
117-s-3460 | II Calendar No. 240 117th CONGRESS 2d Session S. 3460 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Rubio introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit local educational agencies from obligating certain Federal funds when schools are not providing full time in-person instruction.
1. Short title This Act may be cited as the Keep Kids in Schools Act . 2. Restriction relating to in-person instruction (a) In General Notwithstanding any other provision of law, and subject to subsection (b), a local educational agency that received funds under section 18003 of division B of the CARES Act ( Public Law 116–136 ), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260 ), or section 2001 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) shall not obligate such funds during any period when one or more elementary or secondary schools served by such local educational agency are not providing full time in-person instruction. (b) Exception The restriction described in subsection (a) shall not apply with respect to a school that is not providing full time in-person instruction due to following quarantine or isolation guidelines issued by the Centers for Disease Control and Prevention.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3460pcs/xml/BILLS-117s3460pcs.xml |
117-s-3461 | II Calendar No. 241 117th CONGRESS 2d Session S. 3461 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Braun introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To provide that the rule submitted by the Department of Labor relating to COVID–19 Vaccination and Testing; Emergency Temporary Standard shall have no force or effect, and for other purposes.
1. Short title This Act may be cited as the Prohibiting Private Sector Vaccine Mandates Act of 2022 . 2. OSHA covid–19 vaccination mandate No funds appropriated, or otherwise made available, may be used to implement, finalize, or otherwise carry out the rule submitted by the Department of Labor relating to COVID–19 Vaccination and Testing; Emergency Temporary Standard (86 Fed. Reg. 61402 (November 5, 2021)), and such rule shall have no force or effect.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3461pcs/xml/BILLS-117s3461pcs.xml |
117-s-3462 | II Calendar No. 242 117th CONGRESS 2d Session S. 3462 IN THE SENATE OF THE UNITED STATES January 10, 2022 Ms. Ernst introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes.
1. Short title This Act may be cited as Sarah's Law . 2. Mandatory detention of certain aliens charged with a crime resulting in death or serious bodily injury (a) In general Section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ) is amended— (1) in paragraph (1)— (A) in subparagraphs (A) and (B), by striking the comma at the end of each subparagraph and inserting a semicolon; (B) in subparagraph (C)— (i) by striking sentence and inserting sentenced ; and (ii) by striking , or and inserting a semicolon; (C) in subparagraph (D), by striking the comma at the end and inserting ; or ; and (D) by inserting after subparagraph (D) the following: (E) (i) (I) was not inspected and admitted into the United States; (II) held a nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) that has been revoked under section 221(i); or (III) is described in section 237(a)(1)(C)(i); and (ii) has been charged by a prosecuting authority in the United States with any crime that resulted in the death or serious bodily injury (as defined in section 1365(h)(3) of title 18, United States Code) of another person, ; and (2) by adding at the end the following: (3) Notification requirement Upon encountering or gaining knowledge of an alien described in paragraph (1), the Assistant Secretary of Homeland Security for Immigration and Customs Enforcement shall make reasonable efforts— (A) to obtain information from law enforcement agencies and from other available sources regarding the identity of any victims of the crimes for which such alien was charged or convicted; and (B) to provide the victim or, if the victim is deceased, a parent, guardian, spouse, or closest living relative of such victim, with information, on a timely and ongoing basis, including— (i) the alien’s full name, aliases, date of birth, and country of nationality; (ii) the alien’s immigration status and criminal history; (iii) the alien’s custody status and any changes related to the alien’s custody; and (iv) a description of any efforts by the United States Government to remove the alien from the United States. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 1 day after the date of the enactment of this Act. 3. Savings provision Nothing in this Act, or the amendments made by this Act, may be construed to limit the rights of crime victims under any other provision of law, including section 3771 of title 18, United States Code.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3462pcs/xml/BILLS-117s3462pcs.xml |
117-s-3463 | II Calendar No. 243 117th CONGRESS 2d Session S. 3463 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Rubio (for himself, Mr. Scott of South Carolina , Mr. Cornyn , Mr. Scott of Florida , Mr. Cramer , Mr. Marshall , Mr. Daines , Mr. Grassley , Mr. Lankford , Mr. Sasse , Mr. Tuberville , Mrs. Hyde-Smith , Mr. Braun , Mrs. Blackburn , Mr. Hagerty , Mr. Kennedy , Mr. Tillis , Ms. Lummis , Mr. Hoeven , and Mr. Wicker ) introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To impose sanctions and other measures in response to the failure of the Government of the People's Republic of China to allow an investigation into the origins of COVID–19 at suspect laboratories in Wuhan.
1. Short title This Act may be cited as the Coronavirus Origin Validation, Investigation, and Determination Act of 2022 or the COVID Act of 2022 . 2. Measures in response to failure of the Government of the People's Republic of China to allow an investigation of suspect laboratories in Wuhan (a) In general If, by not later than the date that is 90 days after the date of the enactment of this Act, the President is unable to certify that the Government of the People’s Republic of China has allowed a transparent international forensic investigation of suspect laboratories in Wuhan to commence, including of the Wuhan Institute of Virology of the Chinese Academy of Sciences (in this section referred to as CAS ), the President shall— (1) impose the sanctions described in subsection (c) with respect to— (A) individuals who hold positions of leadership in the state-run CAS, including its affiliated institutes and laboratories, local branches, and universities; and (B) individuals who— (i) are officials of the Chinese Communist Party, the People’s Liberation Army, or the State Council of the People’s Republic of China, including its subordinate agencies, such as the Ministry of Science and Technology, the National Health Commission, the Chinese Center for Disease Control and Prevention, the Ministry of Foreign Affairs, the Ministry of Emergency Management, and the Ministry of Public Security; and (ii) were involved in concealing the initial outbreak of COVID–19 in the People's Republic of China from the international community, restricting the release of information related to the outbreak, understating the severity of the outbreak, or obstructing an international investigation into the origin of the outbreak; (2) prohibit Federal funding for any joint research or other collaborative projects between United States-based researchers and CAS researchers across all academic fields, including those employed by the affiliated institutes and laboratories of CAS, its local branches or universities, or the science and technology enterprises based in the People’s Republic of China that were created by CAS or founded with CAS investment; and (3) prohibit United States-based researchers and institutions that receive Federal funding from engaging in collaborative projects involving gain-of-function research of concern on viruses with individuals or institutions based in the People’s Republic of China. (b) Termination The requirements of subsection (a) shall terminate on the date on which the Government of the People’s Republic of China allows the transparent international forensic investigation described in that subsection to be conducted and concluded without— (1) imposition of restrictions on the scope or subject matter of the investigation; or (2) limitations on the access of investigators to physical sites, persons of interest, information on laboratory biosafety incidents, or relevant molecular, genetic, epidemiological, serological, and virological data. (c) Sanctions described The sanctions to be imposed under subsection (a)(1) are the following: (1) Asset blocking (A) In general The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property described in subparagraph (B) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Property and interests in property described The property and interests in property described in this subparagraph are property or interests in property of— (i) an individual described in subsection (a)(1); or (ii) any family member or associate acting for or on behalf of an individual described in subsection (a)(1) and to whom that individual transfers such property or interests in property after the date on which the President designates the individual for the imposition of sanctions under that subsection. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) 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. (d) Implementation; penalties (1) Implementation The President may exercise the 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 the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection 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. (e) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under subsection (c)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized 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 manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (f) 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) Gain-of-function research of concern The term gain-of-function research of concern means, with respect to the study of viruses— (A) the use of genetic engineering or nucleic acid synthesis methods reasonably anticipated to increase a pathogen’s transmissibility, or pathogenicity to humans, or to alter a pathogen’s host tropism to include humans; (B) the use of serial passage methods in a laboratory culture or in laboratory animals reasonably anticipated to increase a pathogen’s transmissibility, or pathogenicity to humans, or to alter a pathogen’s host tropism to include humans; or (C) any research conducted in a laboratory setting less than Biosafety Level Three that involves pathogens or potential pathogens known to be, or that can be reasonably anticipated to be, infectious to humans through the inhalation route of exposure, and known to cause, or that can be reasonably anticipated to cause, serious to fatal disease. (3) Transparent international forensic investigation The term transparent international forensic investigation , with respect to investigating the origin of SARS–CoV–2, means an inquiry that is objective, data-driven, inclusive of broad expertise, subject to independent oversight, and properly managed to exclude individuals with conflicts of interest and under which the following takes place: (A) Relevant research funding agencies, funding contractors, laboratories, and hospitals open their records to examination by the investigative team and grant the investigative team unfettered access to any and all facilities, personnel, and other sites of interest, and to any and all forms of epidemiological or virological data of interest, including serological records pertaining to the earliest confirmed or suspected cases of COVID–19, or cases of similar illnesses that may have been misdiagnosed, which appeared in and around Wuhan in the fall and winter of 2019. Investigators document the veracity and source of the data upon which their analysis is based in a manner that allows independent experts to reproduce their analysis and validate any conclusions they may draw. (B) The international team is allowed to perform a full forensic investigation of the Wuhan Institute of Virology, the Wuhan Center for Disease Prevention and Control, and the Wuhan Institute of Biological Products, and all other laboratories in Wuhan that the team might identify as warranting examination. The team is allowed to review the biosafety level under which bat coronavirus research was conducted, and to interview any and all personnel currently or previously employed at those laboratories, or related experts who may have information pertinent to the investigation. All laboratory logs and notebooks kept by Shi Zhengli and other researchers at the Wuhan Institute of Virology who have conducted gain-of-function experiments between 2007 and the date of the enactment of this Act, as well as their published and unpublished work in Chinese and English, are presented in a full and unaltered condition for examination by the team. The team is given unlimited access to the full range of virus cultures, isolates, genetic sequences, databases, and patient specimens stored at these facilities as well as all chimeric synthetic viruses grown in vitro by cell culture passaging or engineered by genomic editing between 2007 and the date of the enactment of this Act. Such access must include the opportunity to examine the Wuhan Institute of Virology’s database of approximately 22,000 samples and virus sequences, including 15,000 taken from bats, which was previously available to the public but taken offline in September 2019. The team is further allowed to examine in full all training procedures in effect at the laboratory prior to the pandemic, including those pertaining to record-keeping and safety procedures and strategies to prevent the accidental escape of potential pathogens. (C) The investigative team analyzes in detail all research related to the 293 bat coronaviruses reportedly identified by Shi Zhengli and her team at the Wuhan Institute of Virology between 2012 and 2015, particularly RaTG13, RaBtCoV/4991, and all other viruses from the abandoned copper mine in Mojiang Hani Autonomous County in Yunnan province, where Wuhan Institute of Virology researchers are known to have collected bat virus specimens, including specimens of RaTG13, during the decade preceding the date of the enactment of this Act, including all virus isolates and cultures. The Wuhan Institute of Virology discloses the content of all classified and unpublished studies that the Institute reportedly conducted with the People’s Liberation Army if such studies involved gain-of-function research. The team is able to test all laboratory personnel for antibodies and other serological indicators of past infection of COVID–19. The team is given access to all other records kept by the Wuhan Institute of Virology, including security logs, surveillance video footage, audio recordings, and electronic logs of employees entering and leaving the facility. The investigative team is permitted to take samples and conduct testing of the physical facilities where gain-of-function research has been conducted, including, if necessary, sewer samples. Unfettered access is also granted to the copper mine in Mojiang Hani Autonomous County in Yunnan province referred to in the first sentence of this subparagraph. (D) The international team is comprised of members chosen by the governments of the United States, Canada, the United Kingdom, France, the Netherlands, Germany, Australia, Japan, and India. The team includes molecular biologists, virologists, epidemiologists, and experts in biosafety and biosecurity. Individuals who have previously ruled out the possibility of either zoonotic transmission or a laboratory leak are disqualified from participation. The Government of the People's Republic of China may appoint Chinese experts to accompany and advise the team as it conducts its work in the People's Republic of China, but the Government of the People's Republic of China has no authority to dictate the selection of team members and cannot obstruct the participation of any individual selected by the individual's government for the team. The central, provincial, and municipal authorities of the People's Republic of China facilitate the work of the investigative team and refrain from imposing any restrictions on the scope, scale, and duration of the investigation. (4) United states person The term United States person means— (A) an individual who is 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 in the United States.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3463pcs/xml/BILLS-117s3463pcs.xml |
117-s-3464 | II Calendar No. 244 117th CONGRESS 2d Session S. 3464 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Paul introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.
1. Short title This Act may be cited as the National Right-to-Work Act . 2. Amendments to the National Labor Relations Act (a) Rights of employees Section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) is amended by striking except to and all that follows through authorized in section 8(a)(3) . (b) Unfair labor practices Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended— (1) in subsection (a)(3), by striking : Provided , That and all that follows through retaining membership ; (2) in subsection (b)— (A) in paragraph (2), by striking or to discriminate and all that follows through retaining membership ; and (B) in paragraph (5), by striking covered by an agreement authorized under subsection (a)(3) ; and (3) in subsection (f)— (A) by striking clause (2) and redesignating clauses (3) and (4) as clauses (2) and (3), respectively; and (B) by striking Provided, That nothing in this subsection shall set aside the final proviso to section 8(a)(3) of this Act: Provided further , and inserting Provided , . (c) Additional conforming amendments (1) National Labor Relations Act The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (A) in section 9 ( 29 U.S.C. 159 ), by striking subsection (e); (B) in section 3(b) ( 29 U.S.C. 153(b) ), by striking or (e) ; and (C) in section 8(f) ( 29 U.S.C. 158(f) ), as amended by subsection (b)(3), by striking or 9(e) . (2) Other laws Section 453A(a)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 653a(a)(2)(B)(ii) ) is amended by striking section 8(f)(3) and inserting section 8(f)(2) . 3. Amendment to the Railway Labor Act Section 2 of the Railway Labor Act ( 45 U.S.C. 152 ) is amended— (1) by striking the Eleventh paragraph under the heading for general duties; and (2) by redesignating the Twelfth paragraph under the heading for general duties as the Eleventh paragraph. 4. Effective date This Act, and the amendments made by this Act, shall apply to any agreement entered into or renewed on or after the date of enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3464pcs/xml/BILLS-117s3464pcs.xml |
117-s-3465 | II Calendar No. 245 117th CONGRESS 2d Session S. 3465 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Marshall introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
1. Short title This Act may be cited as the Save Local Business Act . 2. Clarification of joint employment (a) National Labor Relations Act Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ) is amended— (1) by striking The term employer and inserting (A) The term employer ; and (2) by adding at the end the following: (B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees. . (b) Fair Labor Standards Act of 1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ) is amended— (1) by striking Employer includes and inserting (1) Employer includes ; and (2) by adding at the end the following: (2) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act ( 29 U.S.C. 152(2)(B) ) except that, for purposes of determining joint-employer status under this Act, the terms employee and employer referenced in such section shall have the meanings given such terms in this section. . 3. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is the first day of the first month that begins after the date of enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3465pcs/xml/BILLS-117s3465pcs.xml |
117-s-3466 | II Calendar No. 246 117th CONGRESS 2d Session S. 3466 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Cruz introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit the use of Federal funds for the production of programs by United States companies that alter political content for screening in the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Stopping Censorship, Restoring Integrity, and Protecting Talkies Act or the SCRIPT Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) Chinese government official The term Chinese Government official means an official of the Government of the People’s Republic of China or of the Chinese Communist Party. (3) Description The term description means any description of the elements of a program, including the screenplay or script. (4) Political content The term political content means content that is considered sensitive by the Chinese Communist Party or by the Government of the People’s Republic of China for political reasons, including issues related to— (A) human rights, freedom of expression, Taiwan, Tibet, Hong Kong, and the Tiananmen Square massacre; (B) the repression of Uyghurs, the Falun Gong, and other religious and spiritual minorities; and (C) the ongoing genocide of the Uyghurs, including through methods of gender-based violence, such as forced abortions, involuntary sterilization, and the involuntary implantation of contraceptives. (5) Program The term program has the meaning given the term motion pictures in section 101 of title 17, United States Code, including works developed for or broadcast, rebroadcast, or otherwise transmitted via— (A) a television station licensed by the Federal Communications Commission; (B) a cable system or satellite carrier; (C) a cable or satellite carrier service; or (D) an on-demand video streaming service. (6) Reporting period The term reporting period means the shorter of— (A) the immediately preceding 10-year period; or (B) the period elapsed since the date of the enactment of this Act. (7) Secretary The term Secretary means the Secretary of State. (8) United States company The term United States company means a private entity incorporated in the United States. 3. Condition for Federal support for programs and prohibition of Federal support for programs subject to conditions on content or altered for screening in the People’s Republic of China (a) Condition for Federal support The President may only authorize the provision of technical support or access to an asset controlled by the Federal Government for, or authorize the head of a Federal agency to enter into a contract relating to, the production or funding of a program by a United States company if the United States company, as a condition of receiving the support or access— (1) provides to the Secretary a list of all programs produced or funded by the United States company, the description of which has been submitted, during the reporting period, to a Chinese Government official for evaluation with respect to disseminating the program in the People’s Republic of China, including, for each program— (A) the title of the program; and (B) the date on which the submission occurred; and (2) enters into a written agreement with the Secretary committing not to— (A) alter the political content of the program in response to, or in anticipation of, a request by a Chinese Government official; or (B) co-produce the program with an entity located in the People’s Republic of China that is subject to conditions on political content imposed by a Chinese Government official. (b) Prohibition of Federal support relating to programs, the political content of which was altered for dissemination in the People's Republic of China Notwithstanding subsection (a), the President may not authorize the provision of technical support or access to any asset controlled by the Federal Government for, or authorize the head of a Federal agency to enter into any contract relating to, the production or funding of a program by a United States company if, with respect to the most recent report submitted pursuant to section 4, the United States company is included on the list described in section 4(b)(3). 4. Report to Congress regarding programs by United States companies that alter content for screening in the People’s Republic of China (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding the programs disclosed pursuant to section 3. (b) Elements Each report submitted pursuant to subsection (a) shall include— (1) a description of each program disclosed pursuant to section 3(a)(1), including— (A) the name of the United States company that produced the program; (B) the title of such program; and (C) the date on which such submission occurred; (2) a description of each program subject to a written agreement required under section 3(a)(2), including— (A) the United States company that entered into such agreement; (B) the title of such program; and (C) whether the Secretary determines that the political content was altered in response to, or in anticipation of, a request by a Chinese Government official; and (3) a list of United States companies that the Secretary determines— (A) altered the political content of a program referred to in paragraphs (1) or (2); or (B) co-produced a program referred to in paragraph (2) with an entity located in the People’s Republic of China that is subject to conditions on content imposed by a Chinese Government official.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3466pcs/xml/BILLS-117s3466pcs.xml |
117-s-3467 | II Calendar No. 247 117th CONGRESS 2d Session S. 3467 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Risch (for himself, Mr. Crapo , Mr. Wicker , Mr. Scott of Florida , Mr. Tillis , Mr. Boozman , and Mr. Thune ) introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes.
1. Short title This Act may be cited as the UNRWA Accountability and Transparency Act . 2. Statement of policy (a) Palestinian refugee defined It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as UNRWA ), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who— (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab-Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on refugee and derivative refugee status In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) and the requirements for eligibility for refugee status under section 207 of such Act ( 8 U.S.C. 1157 ), that— (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. 3. United States’ contributions to UNRWA Section 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ) is amended to read as follows: (c) Withholding (1) Definitions In this subsection: (A) Anti-semitic The term anti-Semitic — (i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and (ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. (B) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Foreign Relations of the Senate ; (ii) the Committee on Appropriations of the Senate ; (iii) the Committee on Foreign Affairs of the House of Representatives ; and (iv) the Committee on Appropriations of the House of Representatives . (C) Boycott of, divestment from, and sanctions against israel The term boycott of, divestment from, and sanctions against Israel has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4452(f)(1) ). (D) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (E) UNRWA The term UNRWA means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2) Certification Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that— (A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process— (i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; (ii) has advocated, planned, sponsored, or engaged in any terrorist activity; (iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including— (I) calling for or encouraging the destruction of Israel; (II) failing to recognize Israel’s right to exist; (III) showing maps without Israel; (IV) describing Israelis as occupiers or settlers ; (V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; (VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as BDS ); (VII) claiming or advocating for a right of return of refugees into Israel; (VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and (IX) calling for violence against Americans; or (iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); (B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof— (i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or (ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that— (i) is agreed upon by the Government of Israel and the Palestinian Authority; and (ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); (E) no recipient of UNRWA funds or loans is— (i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or (ii) otherwise engaged in terrorist activities; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. (3) Period of effectiveness (A) In general A certification described in paragraph (2) shall be effective until the earlier of— (i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or (ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. (B) Notification of renunciation If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. (4) Limitation During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that— (A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and (B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States. . 4. Report (a) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . (b) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for— (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by— (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)— (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way. 5. Effective date This Act shall take effect on the date that is 5 days after the date of the enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3467pcs/xml/BILLS-117s3467pcs.xml |
117-s-3468 | II Calendar No. 248 117th CONGRESS 2d Session S. 3468 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Risch introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To provide for a limitation on the removal of the Government of Cuba from the state sponsors of terrorism list.
1. Limitation on removing the Government of Cuba from the state sponsors of terrorism list (a) In general The President shall not rescind the designation of Cuba as a state sponsor of terrorism until— (1) the President submits to Congress a determination and certification that the Government of Cuba— (A) is cooperating fully with United States antiterrorism efforts, has ceased to provide support to international terrorist groups, and has ceased to provide support for acts of international terrorism; (B) has extradited or otherwise rendered to the United States all persons sought by the Department of Justice of the United States for crimes committed in the United States; and (C) has ceased to provide support, including defense, intelligence, and security assistance, to the illegitimate regime of former President Nicolas Maduro in Venezuela; and (2) a joint resolution approving the determination and certification of the President submitted under paragraph (1) is enacted into law in accordance with the procedures described in subsection (b). (b) Congressional procedures (1) Referral to committees Joint resolutions described in subsection (a)(2) that are introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate and joint resolutions described in subsection (a)(2) that are introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (2) Procedures (A) Senate Any joint resolution described in subsection (a)(2) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765). (B) House of Representatives For the purpose of expediting the consideration and enactment of a joint resolution described in subsection (a)(2), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (C) Limitation Not more than one joint resolution described in subsection (a)(2) may be considered in the Senate and the House of Representatives during the 6-month period beginning on the date on which the President submits to Congress a determination and certification under subsection (a)(1).
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3468pcs/xml/BILLS-117s3468pcs.xml |
117-s-3469 | II Calendar No. 249 117th CONGRESS 2d Session S. 3469 IN THE SENATE OF THE UNITED STATES January 10, 2022 Mr. Risch introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To establish a review of United States multilateral aid.
1. Short title; table of contents (a) Short title This Act may be cited as the Multilateral Aid Review Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Appropriate congressional committees defined. Sec. 4. Objectives. Sec. 5. Scope. Sec. 6. Report on Review. Sec. 7. United States Multilateral Review Task Force. Sec. 8. United States Multilateral Aid Review Peer Review Group. Sec. 9. Termination of authorities. 2. Purpose The purpose of this Act is to establish a United States Multilateral Aid Review (referred to in this Act as the Review ) to publicly assess the value of United States Government investments in multilateral entities. 3. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; (4) the Committee on Financial Services of the House of Representatives ; and (5) the Committee on Appropriations of the House of Representatives . 4. Objectives The objectives of the Review are— (1) to provide a tool to guide the United States Government’s decision making and prioritization with regard to funding multilateral entities; (2) to provide a methodological basis for allocating budgetary resources to entities that advance relevant United States foreign policy objectives; (3) to incentivize improvements in the performance of multilateral entities to achieve better outcomes, including in developing, fragile, and crisis-afflicted regions; and (4) to protect United States taxpayer investments in foreign assistance by promoting transparency with regard to the funding of multilateral entities. 5. Scope The Review shall assess, at a minimum, the following multilateral entities to which the United States Government contributes voluntary or assessed funding, whether cash or in-kind: (1) The World Bank Group, including the International Bank for Reconstruction and Development, the International Development Association, and the International Finance Corporation. (2) The regional development banks, including the Asian Development Bank, the African Development Bank, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the North American Development Bank. (3) Climate Investment Funds. (4) The Food and Agriculture Organization. (5) Gavi, the Vaccine Alliance. (6) The Global Environment Facility. (7) The Global Fund to Fight AIDS, Tuberculosis and Malaria. (8) The Green Climate Fund. (9) The Inter-American Institute for Cooperation for Agriculture. (10) The International Civil Aviation Organization. (11) The International Committee of the Red Cross. (12) The International Fund for Agricultural Development. (13) The International Labour Organization. (14) The International Organization for Migration. (15) The International Telecommunication Union. (16) The Joint UN Program on HIV/AIDS. (17) The Multilateral Fund for the Implementation of the Montreal Protocol. (18) The Office of the United Nations High Commissioner for Human Rights. (19) The Office of the United Nations High Commissioner for Refugees. (20) The Organisation for Economic Co-operation and Development. (21) The Organization of American States. (22) The Pacific Forum Fisheries Agency. (23) The Pan American Health Organization. (24) The United Nations Children's Fund. (25) The United Nations Department of Economic and Social Affairs. (26) The United Nations Development Programme. (27) The United Nations Entity for Gender Equality and the Empowerment of Women. (28) The United Nations Environment Programme. (29) The United Nations Framework Convention on Climate Change. (30) The United Nations Office for Project Services. (31) The United Nations Office for the Coordination of Humanitarian Affairs. (32) The United Nations Office on Drugs and Crime. (33) The United Nations Population Fund. (34) The United Nations Relief and Works Agency for Palestine Refugees in the Near East. (35) The United Nations Voluntary Fund for Victims of Torture. (36) The World Food Program. (37) The World Health Organization. (38) The World Meteorological Organization. 6. Report on Review (a) Submission (1) In general Not later than 21 months after the date of the enactment of this Act, the Task Force established under section 7, in regular consultation with the Peer Review Group established under section 8, shall submit a report to the appropriate congressional committees that describes the findings of the Review. (2) Publication The Secretary of State shall publish the report described in paragraph (1) on the internet website of the Department of State not later than 15 days after the date on which the report is submitted to the appropriate congressional committees. (b) Methodology (1) Use of criteria The Task Force shall establish an analytical framework and assessment scorecard for the Review using the criteria set forth in subsection (c). (2) Consultation with congress (A) Submission of methodology Not later than 90 days after the appointments to the Peer Review Group are made pursuant to section 8(b), the Task Force shall submit the methodology for the Review to the appropriate congressional committees. (B) Consideration of congressional views The Task Force may not proceed with the Review until 30 days after the methodology to the appropriate congressional committees, taking into consideration the views of the Chairmen and Ranking Members of each of the appropriate congressional committees. (3) Publication of criteria and methodology The Secretary of State shall publish the final criteria and methodology for the Review on the internet website of the Department of State not later than 60 days after submitting the proposed methodology to the appropriate congressional committees pursuant to paragraph (2)(A). (c) Assessment criteria The assessment scorecard shall include the following criteria: (1) Relationship of stated goals to actual results The extent to which the stated mission, goals, and objectives of the entity have been achieved during the review period, including— (A) an identification of the stated mission, goals, and objectives of each entity; (B) an evaluation of the extent to which the entity met its stated implementation timelines and achieved declared results; and (C) an evaluation of whether the entity optimizes resources to achieve the stated mission, goals, and objectives of the entity. (2) Responsible management The extent to which management of the entity follows best management practices, including— (A) an evaluation of the ratio of management and administrative expenses to program expenses, including an evaluation of entity resources spent on nonprogrammatic expenses; (B) an evaluation of program expense growth, including a comparison of the annual growth of program expenses to the annual growth of management and administrative expenses; and (C) an evaluation of whether the entity has established appropriate levels of senior management compensation. (3) Accountability and transparency The extent to which the policies and procedures of the entity follow best practices of accountability and transparency, taking into consideration credible reporting regarding unauthorized conversion or diversion of entity resources, and including an evaluation of whether the entity has— (A) established and enforced— (i) appropriate auditing procedures; (ii) appropriate rules to reduce the risk of conflicts of interest among the senior leadership of the entity; and (iii) appropriate whistleblower policies; (B) established and maintained— (i) appropriate records retention policies and guidelines; (ii) best practices with respect to transparency and public disclosure; and (iii) best practices with respect to disclosure of the compensation of senior leadership officials. (4) Alignment with united states foreign policy objectives The extent to which the policies and practices of the entity align with relevant United States foreign policy objectives, including an evaluation of— (A) the entity’s stated mission, goals, and objectives in comparison to relevant United States foreign policy objectives; (B) any significant divergence between the actions of the entity and relevant United States foreign policy objectives; and (C) whether continued participation by the United States in the entity contributes a net benefit towards achieving relevant United States foreign policy objectives, including the reasons for such conclusion. (5) Multilateral approach compared to bilateral approach The extent to which pursuing relevant United States foreign policy objectives through a multilateral approach is effective and cost-efficient compared to, or complementary to, a bilateral approach, including an evaluation of— (A) whether relevant United States foreign policy objectives are effectively pursued through the entity, compared to existing or potential bilateral approaches, including the criteria used in the evaluation; and (B) whether relevant United States foreign policy objectives are pursued on a cost-effective basis through the entity, including the amount of funding leveraged from non-United States Government sources, compared to existing or potential bilateral approaches. (6) Redundancies and overlap The extent to which the mission, goals, and objectives of the entity overlap with, or complement, the mission, goals, objectives, and programs of other multilateral institutions to which the United States Government contributes voluntary or assessed funding, whether cash or in-kind, including— (A) a comparison of the extent to which relevant United States foreign policy objectives are effectively pursued on a cost-effective basis through each of the overlapping entities; and (B) whether continued participation in each entity contributes a benefit towards achieving United States foreign policy objectives. 7. United States Multilateral Review Task Force (a) Establishment The President shall establish an interagency Multilateral Review Task Force (referred to in this Act as the Task Force ) to review and assess United States participation in multilateral entities identified in section 5 and to develop and submit the report required under section 6 to the appropriate congressional committees. (b) Leadership The Task Force shall be chaired by the Secretary of State, who may delegate his or her responsibilities under this Act to an appropriate senior Senate-confirmed Department of State official. (c) Membership The President may appoint to the interagency Task Force senior Senate-confirmed officials from the Department of State, the Department of the Treasury, the United States Agency for International Development, the Centers for Disease Control and Prevention, the Department of Agriculture, the Department of Energy, and any other relevant executive branch department or agency. (d) Consultation In preparing the report under section 6, including the initial review of methodology, the Task Force shall consult regularly with the Peer Review Group established under section 8. 8. United States Multilateral Aid Review Peer Review Group (a) Establishment There is established the United States Multilateral Aid Review Peer Review Group (referred to in this Act as the Peer Review Group ). (b) Membership (1) Composition The Peer Review Group shall be composed of 8 nongovernmental volunteer members, of whom— (A) 2 shall be appointed by the majority leader of the Senate; (B) 2 shall be appointed by the minority leader of the Senate; (C) 2 shall be appointed by the Speaker of the House of Representatives; and (D) 2 shall be appointed by the minority leader of the House of Representatives. (2) Appointment criteria The members of the Peer Review Group shall have appropriate expertise and knowledge of the multilateral entities subject to the Review established by this Act. In making appointments to the Peer Review Group, potential conflicts of interest should be taken into account. (3) Date The appointments to the Peer Review Group shall be made not later than 30 days after the date on which the Task Force is established pursuant to section 7(a), and the terms of the members so appointed shall begin on such date. (4) Chairman and vice chairman The Peer Review Group shall select a Chairman and Vice Chairman from among the members of the Peer Review Group. (c) Expert analysis The Peer Review Group shall meet regularly with the Task Force, including regarding the initial review of methodology, to offer their expertise of the funding and performance of multilateral entities. (d) Review of report (1) In general Not later than 180 days before submitting the report required under section 6(a), the Task Force shall submit a draft of the report to— (A) the Peer Review Group; and (B) the appropriate congressional committees. (2) Review The Peer Review Group shall— (A) review the draft report submitted under paragraph (1); and (B) not later than 90 days before the submission of the report required under section 6(a), provide to the Task Force and to the appropriate congressional committees— (i) an analysis of the conclusions of the report; (ii) an analysis of the established methodologies used to reach such conclusions; (iii) an analysis of the evidence used to reach such conclusions; and (iv) any additional comments to improve the evaluations and analysis of the report. (e) Period of appointment; vacancies (1) In general Each member of the Peer Review Group shall be appointed for a 2-year term. (2) Vacancies Any vacancy in the Peer Review Group— (A) shall not affect the powers of the Peer Review Group; and (B) shall be filled in the same manner as the original appointment. (f) Meetings (1) In general The Peer Review Group shall meet at the call of the Chairman. (2) Initial meeting The Peer Review Group shall hold its first meeting not later than 30 days after its last member is appointed. (3) Quorum A majority of the members of the Peer Review Group shall constitute a quorum, but a lesser number of members may hold meetings. 9. Termination of authorities The authorities and requirements provided under this Act shall terminate on the date that is 2 years after the date of the enactment of this Act.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3469pcs/xml/BILLS-117s3469pcs.xml |
117-s-3470 | II 117th CONGRESS 2d Session S. 3470 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Lankford (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for the implementation of certain trafficking in contracting provisions, and for other purposes.
1. Short title This Act may be cited as the End Human Trafficking in Government Contracts Act of 2022 . 2. Implementation of trafficking in contracting provisions (a) Requirement To refer violations to agency suspension and debarment official Section 1704(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 22 U.S.C. 7104b(c)(1) ) is amended— (1) by inserting refer the matter to the agency suspension and debarment official and before consider taking one of the following actions ; and (2) by striking subparagraph (G). (b) Report on implementation of trafficking in contracting provisions Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on implementation of title XVII of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 2092). | https://www.govinfo.gov/content/pkg/BILLS-117s3470is/xml/BILLS-117s3470is.xml |
117-s-3471 | II 117th CONGRESS 2d Session S. 3471 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Casey (for himself, Ms. Hassan , Mr. Kaine , Mr. Murphy , Ms. Klobuchar , Mr. Sanders , Ms. Smith , Ms. Warren , Ms. Duckworth , Mr. Booker , Mrs. Shaheen , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
1. Short title This Act may be cited as the Safe Equitable Campus Resources and Education Act of 2022 . 2. Amendments to the Clery Act (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting in an accessible format after an annual security report ; (B) in subparagraph (F)(ii), by inserting and of the crimes described in clause (iii), and after clause (i) ; and (C) in subparagraph (J)— (i) in clause (ii), by striking and after the semicolon; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) ensure that such emergency response and evacuation procedures take into account the needs of students and staff with disabilities; and ; (2) by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; (3) by inserting after paragraph (1) the following: (2) All reports, materials and information provided in accordance with this subsection shall be available free of charge, in a timely manner, and in accessible formats for individuals with disabilities, including those individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities. ; (4) in paragraph (7)(A), as redesignated by paragraph (2)— (A) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (B) by inserting after clause (ii) the following: (iii) The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). ; and (5) in paragraph (9), as redesignated by paragraph (2)— (A) in subparagraph (B)— (i) in clause (i)— (I) in subclause (I)— (aa) in item (ee), by striking and after the semicolon and inserting , including abusive behavior and attacks targeting individuals with disabilities; and ; and (bb) in item (ff), by striking (vii); and and inserting (viii); (II) in subclause (II), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: (III) an assurance that all prevention and awareness programs and materials are accessible to, and inclusive of the needs of, individuals with disabilities, including those who are deaf or blind or have cognitive, intellectual, or communication disabilities; and (IV) an assurance that campus security personnel and other individuals responsible for the provision of information or resources under this subsection receive training about working with individuals with disabilities. ; (ii) in the matter preceding subclause (I) of clause (iii), by inserting and in such formats as are necessary to ensure their accessibility to individuals with disabilities, after writing ; (iii) in clause (iv)— (I) in subclause (I)— (aa) in item (aa), by striking and after the semicolon; and (bb) by inserting after item (bb) the following: (cc) be conducted by officials who receive annual training on how to conduct an investigation and hearing process with an accuser or an accused who has a disability, including individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities; and (dd) be accessible to individuals with disabilities, including individuals who are blind, deaf, or have cognitive, intellectual, or communication disabilities; ; (II) in subclause (II)— (aa) by striking the accuser and inserting “with respect to such proceedings— (aa) the accuser ; and (bb) by inserting after item (aa), as added by item (aa), the following: (bb) an accuser or an accused with a disability who discloses such disability is also entitled to be accompanied to any such meeting or proceeding by an interpreter, transliterator, or other individual providing communication assistance services, provided by the institution in accordance with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), to ensure the accuser or accused’s ability to fully participate; and (cc) the accuser and the accused are entitled to the same opportunities to request accommodations related to their disabilities; and ; and (III) in subclause (III), in the matter preceding item (aa), by inserting and in such accessible format as is required in the case of an accuser or an accused individual with a disability following shall be simultaneously informed, in writing ; and (iv) by adding after clause (vii) the following: (viii) Information about the accommodations available to individuals with disabilities with respect to such programs and procedures, how individuals with disabilities may request such accommodations, and an assurance that such accommodations will be provided in a timely manner such that access to programs and the timing of procedures under this subparagraph shall not be substantially impeded. ; (B) in subparagraph (C), by striking (vii) and inserting (viii) ; and (C) by inserting after subparagraph (C) the following: (D) All materials, websites, and other forms of communication associated with the policy described in subparagraph (A) shall be provided in accessible formats for individuals with disabilities, including those individuals who are deaf, blind, or have cognitive, intellectual, or communication disabilities. Provision of such accessible formats shall be timely and shall include procedures for addressing problems and failures of any accessibility technology involved. . (b) Technical correction Section 120(a)(2)(B)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1011i(a)(2)(B)(i) ) is amended by striking 485(f)(6) and inserting 485(f)(7) . | https://www.govinfo.gov/content/pkg/BILLS-117s3471is/xml/BILLS-117s3471is.xml |
117-s-3472 | II 117th CONGRESS 2d Session S. 3472 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Kennedy (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or substances containing, or labeled or advertised as containing, bear viscera, and for other purposes.
1. Short title This Act may be cited as the Bear Poaching Elimination Act of 2022 . 2. Findings Congress finds that— (1) all 8 extant species of bear—Asian black bear, brown bear, polar bear, American black bear, spectacled bear, giant panda, sun bear, and sloth bear—are listed on appendix I or II of CITES; (2) Article XIV of CITES provides that Parties to CITES may adopt stricter domestic measures regarding the conditions for trade, taking, possession, or transport of species listed on appendix I or II of CITES, and the Parties to CITES adopted a resolution in 1997 (Conf. 10.8) urging the Parties to take immediate action to demonstrably reduce the illegal trade in bear parts; (3) thousands of bears in Asia are cruelly confined in small cages to be milked for their bile, and the wild Asian bear population has declined significantly in recent years as a result of habitat loss and poaching due to a strong demand for bear viscera used in traditional medicines and cosmetics; (4) Federal and State undercover operations have revealed that American bears have been poached for their viscera; (5) while most American black bear populations are generally stable or increasing, commercial trade could stimulate poaching and threaten certain populations if the demand for bear viscera increases; and (6) prohibitions against the importation into the United States and exportation from the United States, as well as prohibitions against the interstate trade, of bear viscera and products containing, or labeled or advertised as containing, bear viscera will assist in ensuring that the United States does not contribute to the decline of any bear population as a result of the commercial trade in bear viscera. 3. Purposes The purpose of this Act is to ensure the long-term viability of the 8 bear species of the world by— (1) prohibiting interstate and international trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera; (2) encouraging bilateral and multilateral efforts to eliminate that trade; and (3) ensuring that adequate Federal legislation exists with respect to domestic trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera. 4. Definitions In this Act: (1) Bear viscera The term bear viscera means the body fluids or internal organs, including the gallbladder and the contents of the gallbladder, but not including the blood or brains, of a species of bear. (2) CITES The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (3) Import The term import means to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (4) Person The term person means— (A) an individual, corporation, partnership, trust, association, or other private entity; (B) an officer, employee, agent, department, or instrumentality of— (i) the Federal Government; (ii) any State, municipality, or political subdivision of a State; or (iii) any foreign government; and (C) any other entity subject to the jurisdiction of the United States. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (7) Transport The term transport means— (A) to move, convey, carry, or ship by any means; and (B) to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. 5. Prohibited acts (a) In general Except as provided in subsection (b), it shall be unlawful for a person to knowingly— (1) import into, or export from, the United States bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera; or (2) sell or barter, offer to sell or barter, purchase, possess, transport, deliver, or receive, in interstate or foreign commerce, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera. (b) Exception for wildlife law enforcement purposes A person described in section 4(4)(B) may import into, or export from, the United States, or transport between States, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera if the importation, exportation, or transportation— (1) is solely for purposes of enforcing laws relating to the protection of wildlife; and (2) is authorized by a valid permit issued under appendix I or II of CITES, in any case in which such a permit is required under CITES. 6. Penalties and enforcement (a) Criminal penalties A person that violates section 5 shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (b) Civil penalties (1) Amount A person that violates section 5 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (2) Manner of assessment and collection A civil penalty under this subsection shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) may be assessed and collected under section 11(a) of that Act ( 16 U.S.C. 1540(a) ). (c) Seizure and forfeiture Any bear viscera or any product, item, or substance exported, imported, sold, bartered, attempted to be exported, imported, sold, or bartered, offered for sale or barter, purchased, possessed, transported, delivered, or received in violation of this section (including any regulation issued under this section) shall be seized and forfeited to the United States. (d) Regulations After consultation with the Secretary of the Treasury and the United States Trade Representative, the Secretary shall issue such regulations as are necessary to carry out this section. (e) Enforcement The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(e) ). (f) Use of penalty amounts Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375(d) ). 7. Discussions concerning bear conservation and the bear parts trade The Secretary shall continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to CITES and representatives of countries that are not party to CITES that are determined by the Secretary and the United States Trade Representative to be the leading importers, exporters, or consumers of bear viscera, to seek to establish coordinated efforts with those countries to protect bears. 8. Certain rights not affected Except as provided in section 5, nothing in this Act affects— (1) the regulation by any State of the bear population of that State; or (2) the hunting of bears that is lawful under applicable State laws (including regulations). | https://www.govinfo.gov/content/pkg/BILLS-117s3472is/xml/BILLS-117s3472is.xml |
117-s-3473 | II 117th CONGRESS 2d Session S. 3473 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. King (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 authorize funding for the Research, Demonstration, and Evaluation Center for the Aging Network in order to demonstrate the impact of the aging network on the health and independence of older individuals and to foster innovation in such network, and for other purposes.
1. Short title This Act may be cited as the Innovation in Aging Act . 2. Authorization of appropriations for the Research, Demonstration, and Evaluation Center for the Aging Network There is authorized to be appropriated for fiscal year 2022 to the Assistant Secretary for Aging such sums as may be necessary for the Research, Demonstration, and Evaluation Center for the Aging Network to carry out the activities of the Center under section 201(g) of the Older Americans Act of 1965 ( 42 U.S.C. 3011(g) ). | https://www.govinfo.gov/content/pkg/BILLS-117s3473is/xml/BILLS-117s3473is.xml |
117-s-3474 | II 117th CONGRESS 2d Session S. 3474 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Ms. Sinema (for herself, Mr. Portman , Mr. Padilla , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 5, United States Code, to increase death gratuities and funeral allowances for Federal employees, and for other purposes.
1. Short title This Act may be cited as the Honoring Civil Servants Killed in the Line of Duty Act . 2. Increasing death gratuity for Federal employees killed in the line of duty (a) Amendments to title 5, United States Code (1) In general Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: 5571. Employee death gratuity payments (a) Definition (1) In general Notwithstanding section 5561(2), in this section, the term employee means an individual who has been determined by the Secretary of Labor to be an employee within the meaning of section 8101(1). (2) Exclusive authority A determination described in paragraph (1) may be made only by the Secretary of Labor. (b) Gratuity (1) In general With respect to the death of an employee occurring on or after the date of enactment of this section, notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of the agency employing the employee shall pay from appropriations made available for salaries and expenses of that agency a death gratuity to the person identified under subsection (c)(2), if the death of the employee— (A) results from injury sustained while in the line of duty of the employee; and (B) is not— (i) caused by willful misconduct of the employee; (ii) caused by the intention of the employee to bring about the injury or death of the employee or another; or (iii) proximately caused by the intoxication of the injured employee. (2) Amount (A) In general Except as provided in subparagraph (B), the amount of a death gratuity paid under paragraph (1) with respect to an employee shall be $100,000, as adjusted each March 1 by the amount determined by the Secretary of Labor to represent the percentage change in the Consumer Price Index for All Urban Consumers (all items; United States city average) published for December of the preceding year over that Index published for the December of the year prior to the preceding year, adjusted to the nearest 1/10 of 1 percent. (B) Local compensation plans For an employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 ( 22 U.S.C. 3968 ), the amount of a death gratuity paid under paragraph (1) with respect to the employee shall be in an amount determined in rules issued by the Secretary of State. (c) Recipient of payment (1) Definition In this subsection, the term child — (A) includes— (i) a natural child; and (ii) an adopted child; and (B) does not include a stepchild. (2) Order of precedence A death gratuity paid under subsection (b) with respect to an employee shall be paid in the following order of precedence: (A) (i) To the beneficiary designated to receive the gratuity by the employee in a signed and witnessed writing that is received by the agency employing the employee before the date of the death of the employee. (ii) A designation, change, or cancellation of beneficiary in a will, or another document not described in clause (i), shall have no force or effect for the purposes of that clause. (B) If there is no beneficiary described in subparagraph (A), to the surviving spouse of the employee. (C) If neither subparagraph (A) nor (B) applies, to the children of the employee (including the descendant of any deceased child by representation) such that each such child receives an equal amount of the gratuity. (D) If none of subparagraph (A), (B), or (C) applies, to the surviving parents of the employee such that each such surviving parent receives an equal amount of the gratuity. (E) If none of subparagraphs (A) through (D) applies, to the duly appointed executor or administrator of the estate of the employee. (F) If none of subparagraphs (A) through (E) applies, to the person entitled, under the laws of the State in which the employee is domiciled, as of the date on which the employee dies, to receive the payment. (d) Tax treatment of payments For purposes of the Internal Revenue Code of 1986, with respect to any death gratuity payment made to a surviving beneficiary under this section, that payment shall not be included in the gross income of that beneficiary. . (2) Repeal of death gratuity payment authority Section 651 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 ( 5 U.S.C. 8133 note) is repealed. (3) Technical and conforming amendments (A) Table of chapters In the table of subchapters for chapter 55 of title 5, United States Code, the item relating to subchapter VII is amended to read as follows: SUBCHAPTER VII – PAYMENTS TO MISSING PERSONS AND PAYMENTS FOR DISABILITY OR DEATH . (B) Table of sections The table of sections for subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: 5571. Employee death gratuity payments. . (b) Amendment to title 49 Section 40122(g)(2) of title 49, United States Code, is amended— (1) in subparagraph (I)(iii), by striking and after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (J), the following: (K) section 5571, relating to death gratuities resulting from an injury sustained in the line of duty. . 3. Funeral expenses (a) In general Section 8134(a) of title 5, United States Code, is amended— (1) by inserting (1) after (a) ; (2) by striking $800 and inserting $8,800 ; and (3) by adding at the end the following: (2) The amount described in paragraph (1) shall be adjusted on March 1 of each year by the percentage amount determined by the Secretary of Labor under section 8146a for that year. . (b) Applicability The amendment made by subsection (a)(2) shall apply with respect to any death occurring on or after the date of enactment of this Act. 4. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force Section 8102a of title 5, United States Code, is amended— (1) in subsection (a)— (A) by striking The United States and inserting the following: (1) In general The United States ; (B) in paragraph (1), as so designated, by striking up to ; and (C) by adding at the end the following: (2) Adjustment The amount described in paragraph (1) shall be adjusted each March 1 by the amount determined by the Secretary of Labor to represent the percentage change in the Consumer Price Index for All Urban Consumers (all items; United States city average) published for December of the preceding year over that Index published for the December of the year prior to the preceding year, adjusted to the nearest 1/10 of 1 percent. ; (2) by striking subsection (c) and inserting the following: (c) Relationship to other benefits With respect to a death occurring on or after the date of enactment of the Honoring Civil Servants Killed in the Line of Duty Act , the death gratuity payable under this section may not be reduced by the amount of any other death gratuity provided under any other provision of Federal law based on the same death. ; and (3) in subsection (d), by adding at the end the following: (7) If a person covered by this section does not have any eligible survivors, as described in this subsection, and that person has not designated an alternate person to receive a payment under this section, the payment shall be paid to the personal representative of the person’s estate. . 5. Agency gratuity for deaths sustained in the line of duty abroad Section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking dependents and inserting beneficiaries ; and (B) in the second sentence, by inserting , except as provided in subsection (e) after payable from any source ; (2) by amending subsection (b) to read as follows: (b) Executive agencies The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiaries of— (1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or (2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad. ; (3) by amending subsection (d) to read as follows: (d) Eligibility under chapter 81 of title 5, United States Code A death gratuity payment shall be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code. ; (4) by redesignating subsection (e) as subsection (g); (5) by inserting after subsection (d) the following: (e) Offset For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death. (f) Tax treatment of payments For purposes of the Internal Revenue Code of 1986, with respect to any death gratuity payment made to a surviving beneficiary under this section, that payment shall not be included in the gross income of that beneficiary. ; and (6) in subsection (g), as so redesignated by paragraph (4), by amending paragraph (2) to read as follows: (2) the term surviving beneficiaries means the person or persons identified pursuant to the order of precedence established under section 5571(c)(2) of title 5, United States Code. . 6. Emergency supplemental authorization (a) Definitions In this section— (1) the term agency means an agency that is authorized or required to make a payment under a covered provision; and (2) the term covered provision means— (A) section 5571 of title 5, United States Code, as added by section 2 of this Act; (B) section 8102a of title 5, United States Code, as amended by section 4 of this Act; or (C) section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ), as amended by section 5 of this Act. (b) Authorization If the head of an agency determines, with the concurrence of the Director of the Office of Management and Budget, that a natural disaster, act of terrorism, or other incident results in the inability of the agency to make additional payments under a covered provision— (1) there are authorized to be appropriated to the agency such sums as may be necessary to make those additional payments; and (2) the head of the agency may make those additional payments only to the extent additional amounts are made available for those purposes. (c) Sense of Congress It is the sense of Congress that, not later than 30 days after the date on which the head of an agency submits to Congress a request for supplemental appropriations for the purposes described in subsection (b), Congress should take action with respect to that request. | https://www.govinfo.gov/content/pkg/BILLS-117s3474is/xml/BILLS-117s3474is.xml |
117-s-3475 | VI 117th CONGRESS 2d Session S. 3475 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL For the relief of Cesar Carlos Silva Rodriguez.
1. Permanent resident status for Cesar Carlos Silva Rodriguez (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), Cesar Carlos Silva Rodriguez shall be eligible for the issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act ( 8 U.S.C. 1154 ) or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Cesar Carlos Silva Rodriguez enters the United States before the filing deadline specified in subsection (c), Cesar Carlos Silva Rodriguez shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) as of the date of the enactment of this Act. (c) Application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within two years after the date of the enactment of this Act. (d) Reduction of immigrant visa numbers Upon the granting of immigrant visas or permanent residence to Cesar Carlos Silva Rodriguez, the Secretary of State shall instruct the proper officer to reduce by one, during the current or next following fiscal year— (1) the total number of immigrant visas that are made available to natives of the country of birth of Cesar Carlos Silva Rodriguez under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Cesar Carlos Silva Rodriguez under section 202(e) of that Act ( 8 U.S.C. 1152(e) ). (e) PAYGO The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s3475is/xml/BILLS-117s3475is.xml |
117-s-3476 | II 117th CONGRESS 2d Session S. 3476 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Luján (for himself, Ms. Collins , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for mental health and substance use disorder services in response to public health emergencies, and for other purposes.
1. Short title This Act may be cited as the Securing Uninterrupted Pandemic Preparation Of Resources and Therapies Act or the SUPPORT Act . 2. Substance Abuse and Mental Health Services Administration services in response to public health emergencies (a) Authorities Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) by redesignating paragraphs (24) and (25) as paragraphs (25) and (26), respectively; and (2) by inserting after paragraph (23) the following: (24) support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 319, including in consultation with the Assistant Secretary for Preparedness and Response, as appropriate, in preparing for, and responding to, a public health emergency; . (b) Strategic plan Section 501(l)(4) of the Public Health Service Act ( 42 U.S.C. 290aa(l)(4) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period and inserting ; and ; and (3) by adding at the end the following: (G) specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in section 2802(b)(4)), during, or in response to, public health emergencies declared pursuant to section 319. . (c) Biennial report concerning activities and progress Section 501(m) of the Public Health Service Act ( 42 U.S.C. 290aa(m) ) is amended— (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (2) by inserting after paragraph (3) the following: (4) a description of the Administration’s activities to support the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to section 319; ; and (3) in paragraph (5), as so redesignated— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: (D) relevant preparedness and response activities; . (d) Advisory councils Not later than one year after the enactment of this Act, the Assistant Secretary for Mental Health and Substance Use shall issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, reflecting the feedback of the advisory councils for the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services, pursuant to section 502 of the Public Health Service Act ( 42 U.S.C. 290aa–1 ), and including recommendations to improve the continued provision of mental health and substance use disorder services during a public health emergency declared under section 319 of such Act ( 42 U.S.C. 247d ), and the provision of such services as part of the public health and medical response to such an emergency, consistent with title XXVIII of such Act ( 42 U.S.C. 300hh et seq. ). (e) GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on programs and activities of the Substance Abuse and Mental Health Services Administration to support the continued provision of mental health and substance use disorder services and related activities during the COVID–19 pandemic, including the provision of such services as part of the medical and public health response to such pandemic. Such report shall— (1) examine the role played by the advisory councils described in section 502 of the Public Health Service Act ( 42 U.S.C. 290aa–1 ) and the National Mental Health and Substance Use Policy Laboratory established under section 501A of such Act ( 42 U.S.C. 290aa–0 ) in providing technical assistance and recommendations regarding the activities to support the response of the Substance Abuse and Mental Health Services Administration to the public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; (2) describe the manner in which existing awardees of mental health and substance use disorder programs altered delivery of services during such public health emergency; and (3) describe activities of the Substance Abuse and Mental Health Services Administration to support the response to such public health emergency, including through technical assistance, provision of services, and any flexibilities provided to such existing awardees. | https://www.govinfo.gov/content/pkg/BILLS-117s3476is/xml/BILLS-117s3476is.xml |
117-s-3477 | II 117th CONGRESS 2d Session S. 3477 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Casey (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the program for reporting on device shortages.
1. Short title This Act may be cited as the Planning, Reporting, and Enabling Voluntary Expansion of Notifications Targeting Medical Device Shortages Act of 2022 or the PREVENT Medical Device Shortages Act of 2022 . 2. Preventing medical device shortages (a) Notifications (1) In general Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended— (A) in the flush text at the end of subsection (a), by inserting or of any other circumstance that is likely to lead to a meaningful disruption in the supply of the device or a shortage of the device and other devices that could reasonably be substituted for that device in the United States before the period; (B) in subsection (f), by inserting or (h) after subsection (a) ; (C) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (D) by inserting after subsection (g) the following: (h) Additional notifications The Secretary may receive notifications from a manufacturer of a device that is life-supporting, life-sustaining, or intended for use in emergency medical care or during surgery, or any other device the Secretary determines to be critical to the public health, pertaining to a permanent discontinuance in the manufacture of the device (except for any discontinuance as a result of an approved modification of the device) or an interruption of the manufacture of the device that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption. (i) Risk management plans Each manufacturer of a device that is critical to the public health, including devices that are life-supporting, life-sustaining, or intended for use in emergency medical care or during surgery, shall develop, maintain, and, as appropriate, implement a redundancy risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. A risk management plan under this subsection— (1) may identify and evaluate risks to the supply of more than 1 device manufactured at the same establishment; and (2) shall be subject to inspection and copying, both remotely and physically, by the Secretary pursuant to section 704 or at the request of the Secretary. . (2) Report Not later than 1 year after the date of enactment of this Act, and annually for 4 years thereafter, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of information manufacturers submit pursuant to section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) or applicable guidance. (3) Guidance on voluntary notifications of discontinuance or interruption of device manufacture Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance to facilitate voluntary notifications under subsection (h) of section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ), as added by paragraph (1). Such guidance shall include a description of circumstances in which a voluntary notification under such subsection (h) may be appropriate, recommended timeframes within which sponsors should submit such a notification, the process for receiving such notifications, and actions the Secretary may take to mitigate or prevent a shortage resulting from a discontinuance or interruption in the manufacture of a device for which such notification is received. 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-117s3477is/xml/BILLS-117s3477is.xml |
117-s-3478 | II 117th CONGRESS 2d Session S. 3478 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Casey (for himself, Mr. Cassidy , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the designation of biological products as qualified infectious disease products.
1. Short title This Act may be cited as the Generating Antibiotic Incentives Now Through Opening Opportunities to Leverage Science Act of 2022 or the GAIN TOOLS Act of 2022 . 2. Expanding qualified infectious disease products to include biological products (a) In general Section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355f ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking ; or and inserting ; ; (B) in paragraph (3), by striking the period and inserting ; or ; and (C) by adding at the end the following: (4) an application pursuant to section 351(a) of the Public Health Service Act. ; (2) in subsection (d)(1), by inserting of this Act or section 351(a) of the Public Health Service Act after section 505(b) ; and (3) by amending subsection (g) to read as follows: (g) Qualified infectious disease product The term qualified infectious disease product means a drug or biological product for human use that— (1) is— (A) an antibacterial or antifungal drug; or (B) a biological product that acts directly on bacteria or fungi or on substances produced by such bacteria or fungi; and (2) is intended to treat a serious or life-threatening infection, including such an infection caused by— (A) an antibacterial or antifungal resistant pathogen, including novel or emerging infectious pathogens; or (B) qualifying pathogens listed by the Secretary under subsection (f). . (b) Priority review Section 524A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n–1(a) ) is amended by inserting of this Act, or section 351(a) of the Public Health Service Act, that requires clinical data (other than bioavailability studies) to demonstrate safety or effectiveness before the period. | https://www.govinfo.gov/content/pkg/BILLS-117s3478is/xml/BILLS-117s3478is.xml |
117-s-3479 | II 117th CONGRESS 2d Session S. 3479 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Casey (for himself, Mr. Tillis , Ms. Smith , 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 Public Health Service Act with respect to awards to support community health workers and community health.
1. Short title This Act may be cited as the Building a Sustainable Workforce for Healthy Communities Act . 2. Awards to support community health workers and community health Section 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 ) is amended— (1) by amending the section heading to read as follows: Awards to support community health workers and community health ; (2) by amending subsection (a) to read as follows: (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Administrator of the Health Resources and Services Administration, shall award grants, contracts, or cooperative agreements to eligible entities to promote positive health behaviors and outcomes for populations in medically underserved communities through the use of community health workers, including by addressing ongoing and longer-term community health needs, and by building the capacity of the community health worker workforce. Such grants, contracts, and cooperative agreements shall be awarded in alignment and coordination with existing funding arrangements supporting community health workers. ; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking Grants awarded and inserting Subject to any requirements for the scope of licensure, registration, or certification of a community health worker under applicable State law, grants, contracts, and cooperative agreements awarded ; and (ii) by striking support community health workers ; (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (C) by striking paragraphs (1) and (2) and inserting the following: (1) recruit, hire, and train community health workers that reflect the needs of the community; (2) support community health workers in providing education and outreach, in a community setting, regarding— (A) health conditions prevalent in— (i) medically underserved communities (as defined in section 799B), particularly racial and ethnic minority populations; and (ii) other such populations or geographic areas that may require additional support during public health emergencies, which may include counties identified by the Secretary using applicable measures developed by the Centers for Disease Control and Prevention or other Federal agencies; and (B) addressing social determinants of health and eliminating health disparities, including by— (i) promoting awareness of services and resources to increase access to health care, mental health services, child services, technology, housing services, educational services, nutrition services, employment services, and other services; and (ii) assisting in conducting individual and community needs assessments; (3) educate community members, including regarding effective strategies to promote healthy behaviors; ; (D) in paragraph (4), as so redesignated, by striking to educate and inserting educate ; (E) in paragraph (5), as so redesignated— (i) by striking to identify and inserting identify ; (ii) by striking healthcare agencies and inserting health care agencies ; and (iii) by striking healthcare services and to eliminate duplicative care; or and inserting health care services and to streamline care, including serving as a liaison between communities and health care agencies; and ; and (F) in paragraph (6), as so redesignated— (i) by striking to educate, guide, and provide and inserting support community health workers in educating, guiding, or providing ; and (ii) by striking maternal health and prenatal care and inserting chronic diseases, maternal health, prenatal, and postpartum care in order to improve maternal and infant health outcomes ; (4) in subsection (c), by striking Each eligible entity and all that follows through accompanied by and inserting To be eligible to receive an award under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking grants and inserting awards ; (B) by amending paragraph (1) to read as follows: (1) propose to serve— (A) areas with populations that have a high rate of chronic disease, infant mortality, or maternal morbidity and mortality; (B) low-income populations, including medically underserved populations (as defined in section 330(b)(3)); (C) populations residing in health professional shortage areas (as defined in section 332(a)); (D) populations residing in maternity care health professional target areas identified under section 332(k); or (E) rural or traditionally underserved populations, including racial and ethnic minority populations or low-income populations; ; (C) in paragraph (2), by striking ; and and inserting , including rural populations and racial and ethnic minority populations; ; (D) in paragraph (3), by striking with community health workers. and inserting and established relationships with community health workers in the communities expected to be served by the program; or and (E) by adding at the end the following: (4) develop a plan for providing services to the extent practicable, in the language and cultural context most appropriate to individuals expected to be served by the program. ; (6) in subsection (e)— (A) by striking community health worker programs and inserting eligible entities ; and (B) by striking and one-stop delivery systems under section 121(e) and inserting , health professions schools, minority-serving institutions (defined, for purposes of this subsection, as institutions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act), area health education centers under section 751 of this Act, and one-stop delivery systems under section 121 ; (7) by striking subsections (f), (g), (h), (i), and (j) and inserting the following: (f) Technical assistance The Secretary may provide to eligible entities that receive awards under subsection (a) technical assistance with respect to planning, development, and operation of community health worker programs authorized or supported under this section. (g) Dissemination of best practices Not later than 4 years after the date of enactment of the Building a Sustainable Workforce for Healthy Communities Act , the Secretary shall, based on activities carried out under this section and in consultation with relevant stakeholders, identify and disseminate evidence-based or evidence-informed practices regarding recruitment and retention of community health workers and paraprofessionals to address ongoing public health and community health needs, and to prepare for, and respond to, future public health emergencies. (h) Report to Congress Not later than 4 years after the date of enactment of the Building a Sustainable Workforce for Healthy Communities Act , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the effectiveness of the program under this section in addressing ongoing public health and community health needs. Such report shall include recommendations regarding any improvements to such program, including recommendations for how to improve recruitment, training, and retention of the community health workforce. (i) Authorization of appropriations For purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. ; (8) by redesignating subsection (k) as subsection (j); and (9) in subsection (j), as so redesignated— (A) by striking paragraphs (1), (2), and (4); (B) by redesignating paragraph (3) as paragraph (1); (C) in paragraph (1), as so redesignated— (i) by striking entity (including a State or public subdivision of a State and inserting entity, including a State or political subdivision of a State, an Indian Tribe or Tribal organization, an urban Indian organization, a community-based organization ; and (ii) by striking as defined in section 1861(aa) of the Social Security Act)) and inserting (as described in section 1861(aa)(4)(B) of the Social Security Act) ; and (D) by adding at the end the following: (2) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Urban Indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. . 3. GAO study and report Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the program authorized under section 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 ) (as amended by section 2), including a review of the outcomes and effectiveness of the program and coordination with applicable programs of the Health Resources and Services Administration to ensure there is no unnecessary duplication of efforts among such programs. | https://www.govinfo.gov/content/pkg/BILLS-117s3479is/xml/BILLS-117s3479is.xml |
117-s-3480 | II Calendar No. 250 117th CONGRESS 2d Session S. 3480 IN THE SENATE OF THE UNITED STATES January 11 (legislative day, January 10), 2022 Mr. Hoeven introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To prohibit the use of funds to reduce the nuclear forces of the United States.
1. Prohibition on the use of funds to reduce United States nuclear forces (a) Prohibition None of the funds authorized to be appropriated to the Department of Defense or the National Nuclear Security Administration for any of fiscal years 2022 through 2027 may be obligated or expended to reduce— (1) the total quantity of strategic delivery systems below the quantity of such systems as of January 1, 2021; (2) the quantity of deployed or non-deployed strategic delivery systems below the quantities described as the Final New START Treaty Force Structure in the plan on the implementation of the New START Treaty required by section 1042 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1575); or (3) the size of the nuclear weapons stockpile below the size of the stockpile as of January 1, 2021. (b) Exceptions The prohibition under subsection (a) does not apply to— (1) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear weapons and strategic delivery systems; (2) temporary reductions in the quantity of nuclear weapons or deployed strategic delivery systems to facilitate the fielding of modernized replacements; (3) nuclear weapons that are retired or awaiting dismantlement as of January 1, 2021; or (4) reductions made pursuant to a treaty with respect to which the Senate has provided its advice and consent pursuant to article II, section 2, clause 2 of the Constitution of the United States. (c) Definitions In this section: (1) New START Treaty The term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011. (2) Strategic delivery system The term strategic delivery system means any of the following: (A) LGM–30G Minuteman III intercontinental ballistic missiles and any associated reentry vehicles. (B) Launch facilities for LGM–30G Minuteman III intercontinental ballistic missiles, whether deployed or non-deployed. (C) Ohio-class fleet ballistic missile submarines. (D) UGM–133 Trident II submarine-launched ballistic missiles and any associated reentry vehicles. (E) B–52H Stratofortress long-range heavy bombers. (F) B–2A Spirit stealth bombers. (G) AGM–86B air-launched cruise missiles.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3480pcs/xml/BILLS-117s3480pcs.xml |
117-s-3481 | II 117th CONGRESS 2d Session S. 3481 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To secure the dignity and safety of incarcerated women.
1. Short title This Act may be cited as the Preventing Violence Against Female Inmates Act of 2022 . 2. Housing prisoners based on sex (a) Federal prisons (1) In general Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Bar on housing together prisoners of different sexes (a) Definitions In this section: (1) Biological sex The term biological sex means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person’s psychological, chosen, or subjectively experienced sense of identity or gender. (2) Gender identity The term gender identity means a person’s self-perceived identity, self-concept, or asserted gender, regardless of the person’s biological sex. (b) Bar The Bureau of Prisons— (1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and (2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity. . (2) Technical and conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Bar on housing together prisoners of different sexes. . (b) State prisons Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ) is amended by adding at the end the following: (h) Bar on housing together prisoners of different sexes (1) Definitions In this subsection, the terms biological sex and gender identity have the meanings given such terms in section 4051 of title 18, United States Code. (2) Limitation on eligibility for funds Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State— (A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and (B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons. . | https://www.govinfo.gov/content/pkg/BILLS-117s3481is/xml/BILLS-117s3481is.xml |
117-s-3482 | II 117th CONGRESS 2d Session S. 3482 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Portman (for himself and Mr. Brown ) 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 3493 Burnet Avenue in Cincinnati, Ohio, as the John H. Leahr and Herbert M. Heilbrun Post Office .
1. John H. Leahr and Herbert M. Heilbrun Post Office (a) Designation The facility of the United States Postal Service located at 3493 Burnet Avenue in Cincinnati, Ohio, shall be known and designated as the John H. Leahr and Herbert M. Heilbrun 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 John H. Leahr and Herbert M. Heilbrun Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3482is/xml/BILLS-117s3482is.xml |
117-s-3483 | II 117th CONGRESS 2d Session S. 3483 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Coons introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to extend increased dependency and indemnity compensation paid to surviving spouses of veterans who die from amyotrophic lateral sclerosis, regardless of how long the veterans had such disease prior to death, and for other purposes.
1. Short title This Act may be cited as the Justice for ALS Veterans Act of 2022 . 2. Extension of increased dependency and indemnity compensation to surviving spouses of veterans who die from amyotrophic lateral sclerosis (a) Extension Section 1311(a)(2) of title 38, United States Code, is amended— (1) by inserting (A) before The rate ; and (2) by adding at the end the following new subparagraph: (B) A veteran whom the Secretary determines died from amyotrophic lateral sclerosis shall be treated as a veteran described in subparagraph (A) without regard for how long the veteran had such disease prior to death. . (b) Applicability Subparagraph (B) of section 1311(a)(2) of title 38, United States Code, as added by subsection (a), shall apply to a veteran who dies from amyotrophic lateral sclerosis on or after October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3483is/xml/BILLS-117s3483is.xml |
117-s-3484 | II 117th CONGRESS 2d Session S. 3484 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Booker (for himself, Mrs. Gillibrand , Mr. Menendez , and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish the New York-New Jersey Watershed Restoration Program, and for other purposes.
1. Short title This Act may be cited as the New York-New Jersey Watershed Protection Act . 2. Findings Congress finds that— (1) the New York-New Jersey Watershed, which encompasses all the watersheds that flow into New York-New Jersey Harbor and the associated estuaries of that Harbor, such as the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary, is of great ecological, economic, and cultural importance; (2) the Watershed supports one of the most densely populated and economically important regions in the United States; (3) millions of people rely on the Hudson, Mohawk, Raritan, and Hackensack Rivers as sources of drinking water; (4) the Watershed supports multiple industries that attract over $60,700,000,000 in annual revenue through tourism, commercial fishing, and recreational activities; (5) the New York-New Jersey Harbor— (A) contributes $8,500,000,000 annually in Federal, State, and local tax revenue; and (B) is directly or indirectly responsible for 629,000 jobs with $90,500,000,000 in annual personal and business wages; (6) the water resources of the Mohawk River play an important role in tourism, shipping, and related businesses and industries in the region, with the tourism industry alone valued at more than $1,340,000,000 annually; (7) the Watershed supports species listed as threatened species or endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ), including the shortnose sturgeon and the Atlantic sturgeon, as well as those species whose populations are at risk of steep declines; (8) shorelines, marshes, and wetlands throughout the Watershed are critical to flood mitigation and provide important habitat for a diverse array of fish and wildlife; (9) the Hudson River Estuary contains more than 7,000 acres of brackish wetlands that— (A) filter contaminants; (B) mitigate sea level rise; (C) buffer coastal communities from storms; and (D) provide habitat for fish and wildlife; (10) for the past century, the Watershed has faced serious threats to water quality, including hazardous waste, legacy pollutants, and partially treated or untreated wastewater; (11) many of the residents that benefit from the Watershed live in communities experiencing environmental injustice, where access to and enjoyment of fish, wildlife, clean water, and other natural resources has been impaired or compromised; (12) the ongoing environmental injustice challenges described in paragraph (11) are compounded by the impacts of climate change, including— (A) rising air and water temperatures; (B) increases in incidences of extreme weather; (C) changing precipitation patterns; and (D) rising sea levels; (13) extreme weather events like Hurricanes Sandy, Irene, Lee, and Ida caused loss of life and billions of dollars in damages, and the shared coastline of New York and New Jersey remains highly vulnerable to frequent storm surges and rising seas; (14) Federal, State, and local governments recognize that natural and nature-based flood hazard mitigation measures, including living shorelines and restoring the function of riparian corridors, are cost-effective solutions that provide environmental, social, and economic benefits; (15) restoration activities in the Watershed are supported by several Federal and State programs, and funding for those important programs should continue and complement the establishment of the New York-New Jersey Watershed Restoration Program under section 4(a), which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, Tribal, regional, and local levels; (16) managing the Watershed requires leadership from the Department of the Interior and coordination among other Federal agencies, 2 States, Indian Tribes, hundreds of counties, cities and towns, and millions of property owners; (17) the United States Fish and Wildlife Service has established a collaborative approach to delivering inclusive, meaningful conservation gains in urban communities through— (A) the Urban Wildlife Conservation Program; and (B) at landscape scales, the Delaware River Basin Restoration Program; and (18) drawing on existing management plans and existing and ongoing voluntary conservation efforts in the Watershed will— (A) improve the efficiency and cost-effectiveness of conservation and restoration efforts; and (B) increase private sector investments and coordination of Federal and non-Federal resources. 3. Definitions In this Act: (1) Approved plan (A) In general The term approved plan means any plan for management of the Watershed— (i) that has been approved by a Federal, regional, State, Tribal, or local governmental entity, including State Wildlife Action Plans, Comprehensive Conservation Management Plans, and Watershed Improvement Plans; or (ii) that is determined by the Secretary, in consultation with the entities described in clause (i), to contribute to the achievement of the purposes of this Act. (B) Inclusions The term approved plan includes— (i) the New York-New Jersey Harbor & Estuary Program (HEP) Action Agenda; (ii) the Hudson Raritan Comprehensive Restoration Plan; (iii) the Hudson River Comprehensive Restoration Plan; (iv) the Hudson River Estuary Program Action Agenda; (v) the Mohawk River Action Agenda; (vi) the Sustainable Raritan River Initiative Action Plan; (vii) the Lower Passaic and Bronx & Harlem Federal Urban Waters Partnership Workplans; (viii) the New Jersey Sports and Exhibition Authority Meadowlands Restoration Plan; and (ix) such other conservation projects in the region that achieve the purposes of this Act, as determined by the Secretary. (2) Environmental justice The term environmental justice , with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies, means the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income. (3) Foundation The term Foundation means the National Fish and Wildlife Foundation. (4) Grant program The term grant program means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 5(a). (5) Program The term program means the New York-New Jersey Watershed Restoration Program established under section 4(a). (6) Restoration and protection The term restoration and protection means the conservation, stewardship, and enhancement of habitat for fish and wildlife, including water quality— (A) to preserve and improve ecosystems and ecological processes on which those fish and wildlife depend; and (B) for use and enjoyment by the public. (7) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (8) Watershed The term Watershed means the New York-New Jersey Watershed, which is comprised of— (A) all land area the surface water of which drains into the New York-New Jersey Harbor; (B) the waters contained within that land area; and (C) the estuaries associated with those watersheds. 4. New York-New Jersey Watershed Restoration Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the New York-New Jersey Watershed Restoration Program . (b) Purposes The purposes of the program shall include— (1) coordinating restoration and protection activities among Federal, State, Tribal, local, and regional entities and conservation partners throughout the Watershed; (2) carrying out coordinated restoration and protection activities, and providing for technical assistance for those activities, throughout the Watershed— (A) to sustain and enhance fish and wildlife habitat; (B) to improve and maintain water quality to support fish, wildlife, and their habitats, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitats; (C) to advance the use of natural climate solutions and natural infrastructure, including living shorelines and other green infrastructure techniques, to maximize the resilience of communities, natural systems, and habitats experiencing the impacts of climate change; (D) to engage the public, particularly communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity, support, and workforce development for coordinated restoration and protection activities in the Watershed; (E) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities in the Watershed; (F) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals; (G) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (c)(3); (H) to monitor environmental quality to assess progress toward the purposes of this Act; and (I) to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities experiencing environmental injustice; and (3) carrying out restoration and protection activities necessary, as determined by the Secretary, for the implementation of approved plans. (c) Duties In carrying out the program, the Secretary shall— (1) draw on existing and new approved plans for the Watershed, or portions of the Watershed; (2) work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), the Hudson River Estuary Program, the Mohawk River Basin Program, the Sustainable Raritan River Initiative, the Federal Government, other State and local governments, and regional and nonprofit organizations, including environmental justice organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and (3) adopt a Watershed-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (2); (B) targets cost-effective projects with measurable results; (C) maximizes conservation outcomes; (D) prioritizes the needs of communities experiencing environmental injustice; and (E) implements the grant program. (d) Consultation In establishing the program, the Secretary shall consult with, as appropriate— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of Agriculture; (D) the Director of the National Park Service; and (E) the heads of such other Federal agencies as the Secretary determines to be appropriate; (2) the Governor of New York; (3) the Governor of New Jersey; (4) the Commissioner of the New York State Department of Environmental Conservation; (5) the Director of the New Jersey Division of Fish and Wildlife; (6) the New York-New Jersey Harbor & Estuary Program; and (7) other public agencies, Indian Tribes, and organizations with authority for the planning and implementation of conservation strategies in the Watershed, as determined appropriate by the Secretary. 5. New York-New Jersey watershed restoration grant program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a voluntary grant and technical assistance program, to be known as the New York-New Jersey Watershed Restoration Grant Program , to provide competitive matching grants to State, Tribal, and local governments, nonprofit organizations, institutions of higher education, and other eligible entities, as determined by the Secretary, to carry out the coordinated restoration and protection activities described in section 4(b)(2). (b) Criteria The Secretary, in consultation with the heads of Federal agencies, organizations, and other persons referred to in section 4(d), shall develop criteria for the grant program to ensure that activities funded under the grant program— (1) accomplish 1 or more of the purposes identified in section 4(b)(2); and (2) advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under section 4(c)(3). (c) Capacity building In carrying out the grant program, the Secretary shall seek to increase the effectiveness of organizations that carry out restoration and protection activities described in section 4(b)(2) within the Watershed by addressing organizational capacity needs. (d) Cost-Share (1) Federal share The Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 75 percent of the total cost, as determined by the Secretary, of that activity. (2) Non-Federal share (A) In general The non-Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 25 percent of the total cost, as determined by the Secretary, of that activity. (B) Form of payment The non-Federal described in subparagraph (A) may be provided— (i) in cash; or (ii) in the form of an in-kind contribution of services or materials. (3) Waiver The Secretary may waive a requirement under paragraph (2) if the Secretary determines that— (A) no reasonable means are available through which an applicant can meet the matching requirement; and (B) the probable benefit of carrying out the restoration and project activity outweighs the public interest in the matching requirement. (e) Administration (1) In general The Secretary may enter into an agreement to manage the grant program with— (A) the Foundation; or (B) a similar organization that offers grant management services. (2) Funding If the Secretary enters into an agreement under paragraph (1), the Foundation or similar organization selected, as applicable, shall— (A) receive the amounts made available to carry out the grant program under section 7 for each applicable fiscal year in an advance payment of the entire amount on October 1 of that fiscal year, or as soon as practicable thereafter; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ). 6. Annual reports Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each activity that has received funding under this Act in the preceding fiscal year. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of fiscal years 2022 through 2027. (b) Grant program Of the amounts made available under subsection (a) for each fiscal year, the Secretary shall use not less than 75 percent to carry out the grant program, including for technical assistance relating to the grant program. | https://www.govinfo.gov/content/pkg/BILLS-117s3484is/xml/BILLS-117s3484is.xml |
117-s-3485 | II 117th CONGRESS 2d Session S. 3485 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To ensure that the right to vote shall not be impaired due to vaccination status.
1. Short title This Act may be cited as the Securing Enfranchisement and the Rights of Voters regardless of Inoculation Status Act or the SERVIS Act . 2. Right to vote shall not be impaired (a) In general It shall be unlawful for any State or political subdivision, as such term is used in the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), to require or impose a requirement that a voter or voters must present a vaccine passport or otherwise present information regarding their vaccination status in order to exercise the right to vote, including to vote in person, in any election involving any candidate for Federal office. (b) Masking requirement A State or political subdivision may require that a voter wear a mask in order to enter a polling location only if— (1) the State or political subdivision makes readily available and at no cost to the voter or any individual who accompanies the voter a mask sufficient to comply with any applicable masking requirement; and (2) the State or political subdivision provides reasonable accommodation from such requirement for individuals with a disability as recognized under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (c) Definition For purposes of this section, the term vaccination status means— (1) an individual’s status based on the voluntary election to receive or not to receive a COVID–19 vaccine; and (2) regardless of whether someone has or has not been vaccinated against COVID–19, an individual's status with respect to having or producing proof of such vaccination in the form of a vaccine passport or other medical records that would demonstrate whether an individual has been vaccinated against COVID–19. | https://www.govinfo.gov/content/pkg/BILLS-117s3485is/xml/BILLS-117s3485is.xml |
117-s-3486 | II 117th CONGRESS 2d Session S. 3486 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Sanders (for himself, Ms. Baldwin , Mr. Bennet , Mr. Blumenthal , Mr. Booker , Ms. Duckworth , Mrs. Gillibrand , Mr. Markey , Mr. Merkley , Mr. Padilla , Mr. Peters , Mr. Schumer , Ms. Smith , Mr. Van Hollen , Ms. Warren , Mr. Wyden , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide, manufacture, and distribute high quality N–95 respirator masks for every individual in the United States during the COVID–19 pandemic using the Defense Production Act and other means.
1. Short title This Act may be cited as the Masks for All Act of 2022 . 2. Requirement to eliminate mask shortages The President, acting through the Administrator, shall, as soon as practicable— (1) eliminate all shortages of N–95 respirator masks in the United States; (2) manufacture N–95 respirator masks, to the greatest extent practicable, in the United States; and (3) distribute N–95 respirator masks to the general public and the health care workforce in accordance with this Act. 3. Providing high quality face masks to every individual in the United States (a) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall establish a program to provide a supply of 3 N–95 respirator masks to every individual in the United States, including individuals— (1) experiencing homelessness; and (2) living in group quarters, as defined by the Census Bureau for the purposes of the most recent decennial census. (b) No cost to individuals An individual that receives a supply of N–95 respirator masks under this section shall not be charged for the N–95 respirator masks, for the delivery of the N–95 respirator masks, or for any other administrative cost relating to the N–95 respirator masks. (c) Prohibition on identification requirement An individual that receives a supply of N–95 respirator masks under this section shall not be required to provide identification or proof of citizenship in order to receive the N–95 respirator masks. (d) Deliveries To the greatest extent possible, N–95 respirator masks provided under this section shall be delivered using the United States Postal Service. (e) Educational materials (1) In general N–95 respirator masks provided under this section shall be accompanied by a 1-page fact sheet on the importance of wearing N–95 respirator masks, the proper use of N–95 respirator masks, and the nearest N–95 respirator mask pickup sites designated under subsection (f). (2) Requirements The information included in the fact sheet required under paragraph (1) shall be— (A) scientifically and medically accurate; (B) written for a layperson; (C) presented in a size and type of font that is easy to read; and (D) provided in the languages that are most appropriate for the community. (3) Publication of information The information included in the fact sheet required under paragraph (1) shall be published on the public website of the Federal Emergency Management Agency and the Department of Health and Human Services in multiple languages and in a manner that is in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) for reading by the visually impaired. (f) Mask pickup sites (1) In general The Administrator shall designate N–95 respirator mask pickup sites in each community and shall provide N–95 respirator masks to each site, allocated according to population, to be distributed to the general public at no cost to the public. (2) Requirements for designation of sites In designating sites as N–95 respirator mask pickup sites under paragraph (1), the Administrator shall choose— (A) a location of a public entity, organization, or business that provides essential services to communities, such as a post office, community pharmacy, Federally-qualified health center, senior center, congregate meal site, and COVID–19 testing or vaccination site; (B) a location that is easily accessible and appropriate to maximize the public health response to COVID–19; and (C) when possible, a location that is federally operated or is a recipient of Federal funds. (3) Requirement for pickup sites If a site is designated as an N–95 respirator mask pickup site under paragraph (1)— (A) no individual shall be required to make a purchase in order to pick up N–95 respirator masks at such location; and (B) the site shall agree to display information, supplied by the Administrator, in a prominent location that— (i) advertises the availability of free N–95 respirator masks provided by the Federal Government; and (ii) meets the requirements described in subsection (e)(2). (g) Developments in N–95 respirator masks (1) In general For purposes of delivering and providing the best available N–95 respirator masks under this section, the Administrator shall consider new designs to create the most comfortable, well-fitting, and effective N–95 respirator masks that— (A) have adjustable sizing; or (B) are available in different sizes, including sizes for children. (2) Flexibility For the purpose of fulfilling the requirements of this section, the Administrator may distribute respirator masks that— (A) are equivalent to N–95 respirator masks; and (B) have been tested by the Federal Government. (3) Strategic national stockpile If significant improvements in N–95 respirator mask technology are made available, the Administrator, in coordination with the Secretary, shall ensure that such N–95 respirator masks are included in the strategic national stockpile. (h) Required coordination and consultation (1) Coordination In carrying out this section, the Administrator shall coordinate with the Secretary, the Assistant Secretary, the Postmaster General, and the heads of any other appropriate Federal departments or agencies. (2) Consultation In carrying out this section, the Administrator shall consult with States, units of local government, pickup sites, and appropriate labor unions, including labor organizations representing employees of the United States Postal Service. (i) Effect on requests for personal protective equipment Any N–95 respirator mask provided under this section shall not be taken into account for purposes of the Federal Government responding to State or health care provider requests for surgical masks, N–95 respirator masks, personal protective equipment, or other supplies related to COVID–19. 4. Health care workforce (a) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall provide N–95 respirator masks to all individuals working in health care settings in the United States that are experiencing a shortage of such masks, including settings that have a short-term supply of such masks and settings that are practicing extended use and re-use of such masks, if such masks are single-use masks. (b) No cost to persons or States A person or State that receives N–95 respirator masks under this section shall not be charged for the masks, for the delivery of the masks, or for any other administrative cost related to the masks. (c) Required coordination In carrying out this section, the Administrator shall coordinate— (1) with the Secretary, the Assistant Secretary, the Postmaster General, and the heads of any other appropriate Federal departments or agencies; and (2) to the greatest extent practicable, with other Federal programs that provide masks or other personal protective equipment to individuals working in health care settings. (d) Required consultation In carrying out this section, the Administrator shall consult with health care providers and labor organizations representing health professionals and other individuals working in health care settings. 5. Use of authorities (a) In general In carrying out this Act— (1) the President shall make use of any and all available authorities at the disposal of the Federal Government to procure and domestically manufacture N–95 respirator masks and support the domestic manufacturing of N–95 respirator masks, including emergency authorities, such as the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ), the National Emergencies Act ( 50 U.S.C. 1601 et seq. ), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); and (2) the Administrator shall make use of authorities delegated to the Administrator under title I and title III of the Defense Production Act of 1950 ( 50 U.S.C. 4511 et seq. ) to increase domestic production of N–95 respirator masks. (b) Requirement Any N–95 respirator masks procured or manufactured for purposes of carrying out this Act shall be purchased in accordance with Federal Acquisition Regulation guidance on fair and reasonable pricing. (c) Excess masks Any N–95 respirator masks in the possession of the Federal Emergency Management Agency or the Department of Health and Human Services for purposes of carrying out this Act that have not been distributed as of the date described in section 6(d) shall be added to the strategic national stockpile. 6. Appropriation; limitations (a) Appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, $5,000,000,000, to remain available until the date described in subsection (d), to the Administrator to carry out this Act, provided that the Administrator uses such amounts as are necessary to reimburse the United States Postal Service for the delivery of N–95 respirator masks under this Act. (b) Limitation No funds made available under this section shall be provided to— (1) any person who is a Federal elected official or serving in a Senior Executive Service position; or (2) any entity that is controlled in whole or in part by a Federal elected official or serving in a Senior Executive Service position. (c) Emergency designation (1) In general The amounts provided under this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in House and Senate This section is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (d) Date described The date described in this subsection is the date on which no new cases of COVID–19 are reported in the United States for a period of not less than 14 consecutive days. 7. Reports to Congress (a) Submission of plan Not later than 14 days after the date of enactment of this Act, the Administrator shall submit to Congress a strategic plan that includes monthly, measurable targets, to, as soon as practicable— (1) eliminate all shortages of N–95 respirator masks; (2) increase domestic production of N–95 respirator masks to the greatest extent possible; (3) provide the greatest number possible of N–95 respirator masks manufactured in the United States; (4) distribute N–95 respirator masks to the general public and the health care workforce in accordance with this Act; and (5) fulfill all other requirements of this Act. (b) Weekly progress reports Beginning 7 days after the date on which the strategic plan is submitted under subsection (a), and every 7 days thereafter until the requirements of this Act are met, the Administrator shall submit to Congress a detailed report on the activities undertaken to fulfill the requirements of this Act and a timeline for when such requirements will be fulfilled, which shall include— (1) information on— (A) the use of funds under this Act, provided in an itemized list; (B) the current and projected supply of N–95 respirator masks; (C) the sources of N–95 respirator masks; (D) the distribution of N–95 respirator masks by State, geographic area, and need; and (E) the prices paid by the Federal Government and to which suppliers such amounts were paid; and (2) any other information requested by Congress. (c) Inspector General Oversight (1) In general The Inspector General of the Department of Homeland Security shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this Act. (2) Report Not later than 1 year after the date described in section 6(d), the Inspector General of the Department of Homeland Security shall conduct an audit of the program established under this Act and submit to Congress a report on the findings of such audit. 8. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services. (3) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Senior Executive Service position The term Senior Executive Service position has the meaning given that term in section 3132(a) of title 5, United States Code. (6) State The term State means— (A) any State of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; (J) the United States Virgin Islands; and (K) each Indian Tribe. (7) United States The term United States means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; (J) the United States Virgin Islands; and (K) each Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s3486is/xml/BILLS-117s3486is.xml |
117-s-3487 | II 117th CONGRESS 2d Session S. 3487 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Ms. Sinema (for herself, Mr. Portman , Mr. Padilla , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to increase death gratuities and funeral allowances for Federal employees, and for other purposes.
1. Short title This Act may be cited as the Honoring Civil Servants Killed in the Line of Duty Act . 2. Increasing death gratuity for Federal employees killed in the line of duty (a) Amendments to title 5, United States Code (1) In general Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: 5571. Employee death gratuity payments (a) Definition (1) In general Notwithstanding section 5561(2), in this section, the term employee means an individual who has been determined by the Secretary of Labor to be an employee within the meaning of section 8101(1). (2) Exclusive authority A determination described in paragraph (1) may be made only by the Secretary of Labor. (b) Gratuity (1) In general With respect to the death of an employee occurring on or after the date of enactment of this section, notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of the agency employing the employee shall pay from appropriations made available for salaries and expenses of that agency a death gratuity to the person identified under subsection (c)(2), if the death of the employee— (A) results from injury sustained while in the line of duty of the employee; and (B) is not— (i) caused by willful misconduct of the employee; (ii) caused by the intention of the employee to bring about the injury or death of the employee or another; or (iii) proximately caused by the intoxication of the injured employee. (2) Amount (A) In general Except as provided in subparagraph (B), the amount of a death gratuity paid under paragraph (1) with respect to an employee shall be $100,000, as adjusted each March 1 by the amount determined by the Secretary of Labor to represent the percentage change in the Consumer Price Index for All Urban Consumers (all items; United States city average) published for December of the preceding year over that Index published for the December of the year prior to the preceding year, adjusted to the nearest 1/10 of 1 percent. (B) Local compensation plans For an employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 ( 22 U.S.C. 3968 ), the amount of a death gratuity paid under paragraph (1) with respect to the employee shall be in an amount determined in rules issued by the Secretary of State. (c) Recipient of payment (1) Definition In this subsection, the term child — (A) includes— (i) a natural child; and (ii) an adopted child; and (B) does not include a stepchild. (2) Order of precedence A death gratuity paid under subsection (b) with respect to an employee shall be paid in the following order of precedence: (A) (i) To the beneficiary designated to receive the gratuity by the employee in a signed and witnessed writing that is received by the agency employing the employee before the date of the death of the employee. (ii) A designation, change, or cancellation of beneficiary in a will, or another document not described in clause (i), shall have no force or effect for the purposes of that clause. (B) If there is no beneficiary described in subparagraph (A), to the surviving spouse of the employee. (C) If neither subparagraph (A) nor (B) applies, to the children of the employee (including the descendant of any deceased child by representation) such that each such child receives an equal amount of the gratuity. (D) If none of subparagraph (A), (B), or (C) applies, to the surviving parents of the employee such that each such surviving parent receives an equal amount of the gratuity. (E) If none of subparagraphs (A) through (D) applies, to the duly appointed executor or administrator of the estate of the employee. (F) If none of subparagraphs (A) through (E) applies, to the person entitled, under the laws of the State in which the employee is domiciled, as of the date on which the employee dies, to receive the payment. . (2) Repeal of death gratuity payment authority Section 651 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 ( 5 U.S.C. 8133 note) is repealed. (3) Technical and conforming amendments (A) Table of chapters In the table of subchapters for chapter 55 of title 5, United States Code, the item relating to subchapter VII is amended to read as follows: SUBCHAPTER VII – PAYMENTS TO MISSING PERSONS AND PAYMENTS FOR DISABILITY OR DEATH . (B) Table of sections The table of sections for subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: 5571. Employee death gratuity payments. . (b) Amendment to title 49 Section 40122(g)(2) of title 49, United States Code, is amended— (1) in subparagraph (I)(iii), by striking and after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (J), the following: (K) section 5571, relating to death gratuities resulting from an injury sustained in the line of duty. . 3. Funeral expenses (a) In general Section 8134(a) of title 5, United States Code, is amended— (1) by inserting (1) after (a) ; (2) by striking $800 and inserting $8,800 ; and (3) by adding at the end the following: (2) The amount described in paragraph (1) shall be adjusted on March 1 of each year by the percentage amount determined by the Secretary of Labor under section 8146a for that year. . (b) Applicability The amendment made by subsection (a)(2) shall apply with respect to any death occurring on or after the date of enactment of this Act. 4. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force Section 8102a of title 5, United States Code, is amended— (1) in subsection (a)— (A) by striking The United States and inserting the following: (1) In general The United States ; (B) in paragraph (1), as so designated, by striking up to ; and (C) by adding at the end the following: (2) Adjustment The amount described in paragraph (1) shall be adjusted each March 1 by the amount determined by the Secretary of Labor to represent the percentage change in the Consumer Price Index for All Urban Consumers (all items; United States city average) published for December of the preceding year over that Index published for the December of the year prior to the preceding year, adjusted to the nearest 1/10 of 1 percent. ; (2) by striking subsection (c) and inserting the following: (c) Relationship to other benefits With respect to a death occurring on or after the date of enactment of the Honoring Civil Servants Killed in the Line of Duty Act , the death gratuity payable under this section may not be reduced by the amount of any other death gratuity provided under any other provision of Federal law based on the same death. ; and (3) in subsection (d), by adding at the end the following: (7) If a person covered by this section does not have any eligible survivors, as described in this subsection, and that person has not designated an alternate person to receive a payment under this section, the payment shall be paid to the personal representative of the person’s estate. . 5. Agency gratuity for deaths sustained in the line of duty abroad Section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking dependents and inserting beneficiaries ; and (B) in the second sentence, by inserting , except as provided in subsection (e) after payable from any source ; (2) by amending subsection (b) to read as follows: (b) Executive agencies The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiaries of— (1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or (2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad. ; (3) by amending subsection (d) to read as follows: (d) Eligibility under chapter 81 of title 5, United States Code A death gratuity payment shall be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code. ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following: (e) Offset For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death. ; and (6) in subsection (f), as so redesignated by paragraph (4), by amending paragraph (2) to read as follows: (2) the term surviving beneficiaries means the person or persons identified pursuant to the order of precedence established under section 5571(c)(2) of title 5, United States Code. . 6. Emergency supplemental authorization (a) Definitions In this section— (1) the term agency means an agency that is authorized or required to make a payment under a covered provision; and (2) the term covered provision means— (A) section 5571 of title 5, United States Code, as added by section 2 of this Act; (B) section 8102a of title 5, United States Code, as amended by section 4 of this Act; or (C) section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ), as amended by section 5 of this Act. (b) Authorization If the head of an agency determines, with the concurrence of the Director of the Office of Management and Budget, that a natural disaster, act of terrorism, or other incident results in the inability of the agency to make additional payments under a covered provision— (1) there are authorized to be appropriated to the agency such sums as may be necessary to make those additional payments; and (2) the head of the agency may make those additional payments only to the extent additional amounts are made available for those purposes. (c) Sense of Congress It is the sense of Congress that, not later than 30 days after the date on which the head of an agency submits to Congress a request for supplemental appropriations for the purposes described in subsection (b), Congress should take action with respect to that request. | https://www.govinfo.gov/content/pkg/BILLS-117s3487is/xml/BILLS-117s3487is.xml |
117-s-3488 | II Calendar No. 251 117th CONGRESS 2d Session S. 3488 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Menendez (for himself, Mr. Schumer , Mr. Durbin , Mr. Cardin , Mrs. Shaheen , Mr. Coons , Mr. Murphy , Mr. Kaine , Mr. Markey , Mr. Merkley , Mr. Booker , Mr. Schatz , Mr. Van Hollen , Mrs. Feinstein , Mr. Wyden , Mr. Reed , Mr. Carper , Ms. Stabenow , Ms. Klobuchar , Mr. Tester , Mr. Warner , Mr. Bennet , Mrs. Gillibrand , Mr. Blumenthal , Ms. Baldwin , Ms. Hirono , Mr. Heinrich , Ms. Duckworth , Ms. Hassan , Ms. Rosen , Mr. Kelly , Mr. Luján , Mr. Hickenlooper , Mr. Padilla , Ms. Smith , Mr. Peters , Mrs. Murray , Mr. Whitehouse , Mr. Casey , Mr. Manchin , Mr. King , and Mr. Warnock ) introduced the following bill; which was read the first time January 18, 2022 Read the second time and placed on the calendar A BILL To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine's defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Defending Ukraine Sovereignty Act of 2022 . (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. Sense of Congress. Sec. 4. Statement of policy. TITLE I—Expediting security assistance to Ukraine and bolstering Ukraine’s defense capabilities Sec. 101. Prioritizing delivery of excess defense articles to Ukraine. Sec. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine. Sec. 103. Strategy for bolstering defensive capacities of Ukraine and enhancing delivery of security assistance. Sec. 104. Presidential drawdown authority. Sec. 105. Foreign Military Financing. Sec. 106. International Military Education and Training cooperation with Ukraine. Sec. 107. Strategy on International Military Education and Training programming in Ukraine. Sec. 108. Sense of Congress on loan program. Sec. 109. Report on security assistance and provision of defense articles to armed forces of Ukraine. TITLE II—Countering Kremlin aggression against Ukraine and Eastern European allies Sec. 201. Authorizing programs to counter and combat disinformation activities of the Russian Federation. Sec. 202. Expanded support and authorization for Radio Free Europe/Radio Liberty to reach audiences on the periphery of the Russian Federation. Sec. 203. Multilateral efforts to bolster Ukraine’s cyber defense capabilities. Sec. 204. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine. Sec. 205. Strategy for forum on European security. Sec. 206. Deepening security and economic ties with Baltic allies. Sec. 207. Public disclosure of assets of Vladimir Putin and his inner circle. Sec. 208. Briefing to fulfill United States-Ukraine strategic dialogue objectives. TITLE III—Deterrence measures against further military escalation and aggression by the Russian Federation with respect to Ukraine Sec. 301. Definitions. Sec. 302. Determination with respect to operations of the Russian Federation in Ukraine. Sec. 303. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine. Sec. 304. Imposition of sanctions with respect to Russian financial institutions. Sec. 305. Imposition of sanctions with respect to provision of specialized financial messaging services to sanctioned Russian financial institutions. Sec. 306. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt. Sec. 307. Department of State review of sanctions with respect to Nord Stream 2. Sec. 308. Imposition of sanctions with respect to Nord Stream 2. Sec. 309. Imposition of sanctions with respect to Russian extractive industries. Sec. 310. Sanctions described. Sec. 311. Implementation; regulations; penalties. Sec. 312. Exceptions; waiver. Sec. 313. Termination. TITLE IV—General provisions Sec. 401. Sunset. Sec. 402. Exception relating to importation of goods. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Defense article; defense service The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). 3. Sense of Congress It is the sense of Congress that— (1) it is in the national security interests of the United States to continue and deepen the security partnership between the United States and Ukraine, and support Ukraine’s sovereignty and territorial integrity; (2) aggression and malign influence by the Government of the Russian Federation and its proxies in Ukraine is a threat to the democratic sovereignty of Ukraine; (3) in coordination with the European Union, the North Atlantic Treaty Organization (NATO), and members of the international community, the United States should support the territorial integrity of Ukraine and oppose any effort by the Government of the Russian Federation to further encroach on Ukraine’s territory and independence; (4) the United States should work in close concert with allies and partners of the United States— (A) to support and expedite the provision of lethal and non-lethal assistance to Ukraine; and (B) to support and bolster the defense of Ukraine against potential renewed aggression and military escalation by the Government of the Russian Federation or through any of its proxies; (5) the United States and NATO should not cede to the demands of the Government of the Russian Federation regarding NATO membership or expansion; (6) economic and financial sanctions, when used as part of a coordinated and comprehensive strategy, are a powerful tool to advance United States foreign policy and national security interests; and (7) the United States, in coordination with allies and partners of the United States, should impose substantial new sanctions in the event that the Government of the Russian Federation or its proxies engages in escalatory military operations or other destabilizing aggression against Ukraine. 4. Statement of policy It is the policy of the United States that— (1) the United States will support the territorial integrity of Ukraine and other Eastern European countries against aggression by the Government of the Russian Federation or its proxies; (2) the United States will work to ensure the swift and ongoing provision of lethal and non-lethal security assistance to Ukraine, particularly so long as the Government of the Russian Federation or its proxies has armed forces within the territorial borders of Ukraine or stationed near Ukraine’s border; (3) the United States will continue to build the resiliency of Ukraine’s military and cyber defenses and bolster Ukraine’s ability to defend against aggression by the Government of the Russian Federation; (4) the United States will continue to improve Ukraine’s interoperability with NATO forces and seek to further enhance security cooperation and engagement with and among partners in the Black Sea and Baltic region; (5) the United States will work closely with regional partners, including those in the Black Sea region and the Baltic states, to strengthen Ukrainian and regional security; and (6) the United States is committed to a strong and unified NATO and will not cede to the demands of the Government of the Russian Federation regarding NATO membership. I Expediting security assistance to Ukraine and bolstering Ukraine’s defense capabilities 101. Prioritizing delivery of excess defense articles to Ukraine (a) In general During fiscal year 2022, the United States should give priority to the delivery of excess defense articles to Ukraine over the transfer of such articles to other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). (b) Waiver The President may waive subsection (a) if the President certifies to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that such a waiver is in the national security interest of the United States. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine (a) Use of special defense acquisition fund The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act ( 22 U.S.C. 2795 ) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the armed forces of Ukraine. (b) Use of lease authority The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, its lease authority, including with respect to no-cost leases, to provide defense articles to Ukraine for the purpose of assisting and supporting the armed forces of Ukraine. 103. Strategy for bolstering defensive capacities of Ukraine and enhancing delivery of security assistance (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, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a strategy for bolstering the defensive capabilities of the armed forces of Ukraine and enhancing the delivery of security assistance to Ukraine, which shall include the following: (1) A plan to meet the most critical capability gaps and capacity shortfalls of the armed forces of Ukraine. (2) A plan for United States cooperation with allies and partners to provide immediate assistance to the armed forces of Ukraine. (3) A plan to prioritize the delivery of excess defense articles to Ukraine in accordance with section 101. (4) A plan to transfer to Ukraine defense articles previously allocated for operations in Afghanistan that are available for transfer, as appropriate. (b) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. 104. 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. 105. Foreign Military Financing (a) Sense of Congress It is the sense of Congress that— (1) the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Russian Federation; (2) in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the armed forces of Ukraine; and (3) the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine. (b) Authorization of emergency supplemental appropriations Upon an affirmative determination under section 302, there is authorized to be appropriated for the Department of State for fiscal year 2022 $500,000,000, as an authorization of emergency supplemental appropriations, for Foreign Military Financing assistance to Ukraine to assist the country in meeting its defense needs. (c) 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, the Committee on Appropriations of the Senate, and the Committee on Appropriations of 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. (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. 106. International Military Education and Training cooperation with Ukraine (a) Sense of congress It is the sense of Congress that— (1) International Military Education and Training (IMET) is a critical component of United States security assistance that facilitates training of international forces and strengthens cooperation and ties between the United States and foreign countries; (2) it is in the national interest of the United States to further strengthen the armed forces of Ukraine, particularly to enhance their defensive capability and improve interoperability for joint operations; and (3) 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 armed forces of Ukraine. (b) Authorization of appropriations There is authorized to be appropriated to the Department of State for fiscal year 2022 $3,000,000 for International Military Education and Training assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Establishing a rapport between the United States Armed Forces and the armed forces of Ukraine to build partnerships for the future. (3) Enhancement of interoperability and capabilities for joint operations. (4) Focusing on professional military education, civilian control of the military, and human rights. (5) Fostering a better understanding of the United States. (c) 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, the Committee on Appropriations of the Senate, 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. 107. Strategy on International Military Education and Training programming in Ukraine (a) In general Not later than 90 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 International Military Education and Training program in Ukraine authorized under section 106. (b) 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 reform efforts of the armed forces of Ukraine in line with NATO standards. (2) An assessment of the education and training requirements of the armed forces of Ukraine 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 armed forces of Ukraine 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. (c) Form The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 108. 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. 109. Report on security assistance and provision of defense articles to armed forces of Ukraine Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report that includes— (1) a description of the steps the United States has taken to provide and expedite security assistance, defense articles, and any other forms of support to Ukraine and the armed forces of Ukraine, including increasing air defense capabilities, since September 1, 2021; (2) a description of any increased assistance and support provided by allies and partners of the United States or Ukraine to Ukraine or the armed forces of Ukraine, including increasing air defense capabilities, since September 1, 2021; and (3) a description of any plans by the United States to provide additional assistance and support to Ukraine or the armed forces of Ukraine. II Countering Kremlin aggression against Ukraine and Eastern European allies 201. Authorizing programs to counter and combat disinformation activities of the Russian Federation (a) Countering Russian influence fund The Secretary of State should use funds available for obligation in the Countering Russian Influence Fund described in section 7070(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ; 131 Stat. 706)— (1) to prioritize assisting Ukraine to detect and combat disinformation from the Russian Federation and its proxies; and (2) to assist the Government of Ukraine in developing new defense strategies and technologies. (b) Strategy required (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a plan for countering and combating disinformation by the Russian Federation and supporting free and independent media in Ukraine that includes— (A) a plan to assist the Government of Ukraine in combating and responding to malign influence operations of the Russian Federation aimed at inflaming tensions and dividing Ukrainian society; (B) an assessment of effective efforts and programs to improve media literacy in Ukraine and recommendations for how the United States can assist in supporting and expanding those programs; (C) a plan to assist the Government of Ukraine improve efforts to detect and remove content originating from Russian troll farms, bots, and other sources aimed at sowing division and disseminating disinformation in Ukraine or targeting Ukrainian audiences; (D) recommendations to increase support for independent media outlets, including Radio Free Europe/Radio Liberty; and (E) recommendations to increase support for independent media outlets catering to Russian-speaking populations residing in Russian-occupied Crimea, the Donbas region of Ukraine, and throughout Ukraine. (2) Form The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. 202. Expanded support and authorization for Radio Free Europe/Radio Liberty to reach audiences on the periphery of the Russian Federation (a) Sense of congress It is the sense of Congress that— (1) Radio Free Europe/Radio Liberty continues to fulfill its mission of providing reliable, uncensored, and accessible news and reporting in Ukraine and other countries where media freedom is restricted; (2) Radio Free Europe/Radio Liberty is one of the most critical sources of unrestricted, independent news and reporting for audiences on the periphery of the Russian Federation; (3) the Government of the Russian Federation has engaged in systematic targeting of Radio Free Europe/Radio Liberty reporters inside the Russian Federation, which has negatively impacted the organization’s ability to provide timely, reliable, and accurate news from inside the country; and (4) despite pressure from the Government of the Russian Federation, Radio Free Europe/Radio Liberty’s audience continues to grow inside the Russian Federation and surrounding countries. (b) Authorization of appropriations There is authorized to be appropriated $155,500,000 for Radio Free Europe/Radio Liberty for fiscal year 2022. (c) Authorization of new bureaus Radio Free Europe/Radio Liberty may explore opening new bureaus to help expand its ability to reach audiences on the periphery of the Russian Federation. (d) Initiatives To bolster Radio Free Europe/Radio Liberty bureaus around Russian Federation’s periphery To help expand its reach to Russian-speaking audiences and increase its reach to audiences through digital media, Radio Free Europe/Radio Liberty should— (1) evaluate where Russian disinformation is most deeply pervasive in the Eurasia region; (2) develop strategies to better communicate with predominately Russian-speaking regions; (3) build on efforts to increase capacity and programming to counter disinformation in real time; (4) expand Russian language investigative journalism; (5) improve the technical capacity of the Ukraine bureau; and (6) continue efforts to increase digital news services. (e) Report required Not later than 90 days after the date of the enactment of this Act, the United States Agency for Global Media shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) recommendations of locations to open new bureaus to help reach new audiences in the broader Eurasia region; (2) an assessment of current staffing and anticipated staffing needs in order to effectively reach audiences in the broader Eurasia region; and (3) an assessment of the impact of the Government of the Russian Federation closing down Radio Free Europe/Radio Liberty within the Russian Federation. 203. Multilateral efforts to bolster Ukraine’s cyber defense capabilities (a) Statement of policy It is the policy of the United States— (1) to support multilateral, intergovernmental, and nongovernmental efforts to improve Ukraine’s cybersecurity capacity, including addressing legislative and regulatory gaps in Ukraine’s cybersecurity policies, improving cybersecurity sector governance, and expanding collaboration among relevant stakeholders in both the public and private sectors; (2) to work with the Government of Ukraine to strengthen cybersecurity technical capacity within critical infrastructure sectors and improve the overall cybersecurity workforce by strengthening cybersecurity-related academic and training programs and exchanges; (3) to work closely with the NATO Cooperative Cyber Defence Centre of Excellence, the European Union Agency for Cybersecurity, and the National Cyber Security Centre of the United Kingdom to bolster Ukraine’s cyber defense capabilities; and (4) to strengthen the ability of the Government of Ukraine to detect, investigate, disrupt, and deter cyberattacks and to develop cybersecurity incident response teams. (b) Report required 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 report on efforts to implement the policy described in subsection (a). (c) Evaluation of imposition of sanctions In the event the Government of the Russian Federation or any of its proxies engages in a cyberattack or cyber incident that materially disrupts or degrades any critical infrastructure in Ukraine, the President shall evaluate whether imposing any of the sanctions described in section 310 is in the national security interests of the United States. 204. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine (a) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on the role of the intelligence and security services of the Russian Federation in efforts to undermine and interfere with the independence of Ukraine. (b) Elements The report required by subsection (a) shall include— (1) an assessment of the priorities and objectives of the intelligence and security services of the Russian Federation with respect to Ukraine; (2) a detailed description of the steps taken by any intelligence or security services of the Russian Federation to undermine the stability of Ukraine or the Government of Ukraine; (3) a complete list of the branches of the intelligence or security services of the Russian Federation that have engaged in any influence efforts or campaigns to undermine the stability of Ukraine or the Government of Ukraine; (4) an assessment of— (A) the tactics and techniques used by any intelligence and security services of the Russian Federation with respect to Ukraine; and (B) the success of those tactics and techniques; and (5) any plans by the United States to provide additional support to the Government of Ukraine to prevent internal destabilization efforts, including through intelligence sharing and support for reforms and anti-corruption efforts. 205. Strategy for forum on European security (a) Sense of congress It is the sense of Congress that— (1) the United States should work closely with NATO allies, particularly those that share a border with the Russian Federation, on any matters related to European security; and (2) the United States Mission to the Organization for Security and Co-operation in Europe (commonly referred to as the OSCE ) should— (A) support an inclusive European security dialogue that calls on OSCE participating states to comply with principles set forth in the Helsinki Final Act, the Charter of Paris for a New Europe, and the Charter of the United Nations; and (B) continue to publicly call for the Government of the Russian Federation to adhere to its commitments as an OSCE participating state. (b) Strategy on European security 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 strategy for continued engagement with the Government of the Russian Federation following January 2022 security dialogues, including the Strategic Stability Dialogue in Geneva, the NATO-Russia Council Meeting in Brussels, and the Organization for Security and Co-operation in Europe Permanent Council Meeting in Vienna, which shall include— (1) an assessment of whether the Government of the Russian Federation has sufficiently de-escalated regional tensions, including through a significant withdrawal of troops from the border of Ukraine, to merit further discussion; (2) an assessment of the objectives of the Government of the Russian Federation related to European security; (3) a plan to reduce tensions between the Russian Federation and Eastern European allies, taking into account the perspectives of a wide cross section of European allies of the United States; and (4) a plan for including Eastern European NATO allies, specifically those that share a border with the Russian Federation, in any conversations on European security. (c) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. 206. Deepening security and economic ties with Baltic allies (a) Sense of Congress It is the sense of Congress that— (1) supporting and bolstering the security of the Baltic states of Estonia, Latvia, and Lithuania is in the national security interests of the United States; (2) the Baltic states are critical in countering aggression by the Government of the Russian Federation and maintaining the collective security of the NATO alliance; (3) the United States should continue to support and foster a security partnership with the Baltic states that aims to meet their security needs and provides additional capabilities and tools to help defend against aggression by the Government of the Russian Federation in the region; (4) the United States should encourage the initiative undertaken by the Baltic states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among eastern Europe countries; (5) there are mutually beneficial opportunities for increased investment and economic expansion between the United States and the Baltic states; and (6) improved economic ties between the United States and the Baltic states will lead to a strengthened strategic partnership. (b) Baltic security and economic enhancement initiative (1) In general The Secretary of State shall establish an initiative to deepen and foster security and economic ties with the Baltic states. (2) Purpose and objectives The initiative established under paragraph (1) shall have the following goals and objectives: (A) Ensuring the efficient and effective delivery of security assistance to the Baltic states, prioritizing assistance that will bolster defenses against hybrid warfare and improve interoperability with NATO forces. (B) Bolstering United States support for the Baltic region’s physical and energy security needs. (C) Mitigating the impact of economic coercion by the Russian Federation and the People's Republic of China on Baltic states and identifying new opportunities for foreign direct investment and United States business ties. (D) Improving high-level engagement between the United States and the Baltic states, with a focus on improving high-level security and economic cooperation. (3) Activities The initiative established under paragraph (1) shall— (A) develop a comprehensive security assistance strategy to strengthen the defensive capabilities of the Baltic states, in coordination with other security assistance authorities, that takes into account the unique challenges of the proximity of the Baltic states to the Russian Federation and the threat of aggression against the Baltic states from the Government of the Russian Federation; (B) encourage the United States International Development Finance Corporation to identify new opportunities for investment in the Baltic states; (C) send high-level representatives of the Department of State to— (i) the Baltic states not less frequently than twice a year; and (ii) major regional fora on physical and energy security, including the Three Seas Initiative Summit and Business Forum and the Baltic Sea Security Conference; (D) convene an annual trade forum, in coordination with the governments of Baltic states, to foster investment opportunities in the Baltic region for United States businesses; and (E) foster dialogue between experts from the United States and from the Baltic states on hybrid warfare, cyber defenses, economic expansion, and foreign direct investment. 207. Public disclosure of assets of Vladimir Putin and his inner circle (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Director of National Intelligence and the Secretary of State, shall submit to the committees specified in subsection (d) a detailed report on the personal net worth and assets of the President of the Russian Federation, Vladimir Putin, and his inner circle. (b) Elements The report required by subsection (a) shall include— (1) an identification of significant senior foreign political figures and oligarchs in the Russian Federation, as determined by their closeness to Vladimir Putin; (2) the estimated net worth and known sources of income of the individuals identified under paragraph (1), Vladimir Putin, and the family members of such individuals and Vladimir Putin (including spouses, children, parents, and siblings), including assets, investments, bank accounts, business interests, held in and outside of the Russian Federation, and relevant beneficial ownership information; (3) an estimate of the total annual income and personal expenditures of Vladimir Putin and his family members for calendar years 2017 through 2021; and (4) all known details about the financial practices and transparency, or lack thereof, of Vladimir Putin and the individuals identified under paragraph (1). (c) Form (1) In general The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Public availability The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website. (d) Committees specified The committees specified in this subsection are— (1) the appropriate congressional committees; (2) the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (3) the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives. 208. Briefing to fulfill United States-Ukraine strategic dialogue objectives (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide to the appropriate congressional committees a briefing on efforts to deepen ties with Ukraine and fully implement the objectives outlined in the United States-Ukraine Charter on Strategic Partnership, signed by Secretary of State Antony Blinken and Ukrainian Foreign Minister Dmytro Kuleba on November 10, 2021. (b) Elements The briefing required by subsection (a) shall include the following: (1) A plan to bolster support for Ukraine’s sovereignty, independence, territorial integrity, and inviolability of borders, including plans for high-level representation and robust participation in Ukraine’s Crimea Platform. (2) A plan to highlight human rights abuses by the Government of the Russian Federation in Ukrainian territory, which shall include mechanisms to draw attention to persecuted minorities and political prisoners in Crimea and the Donbas. (3) An assessment of humanitarian assistance needs for those affected or displaced by the war in Donbas. (4) A plan to support democracy and the rule of law in Ukraine, which shall include efforts to build on progress made on the establishment of anti-corruption institutions, land reform, local governance, and digitalization. III Deterrence measures against further military escalation and aggression by the Russian Federation with respect to Ukraine 301. Definitions In this title: (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) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (4) Foreign financial institution The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (5) Foreign person The term foreign person means an individual or entity that is not a United States person. (6) Knowingly The term knowingly with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) 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. 302. Determination with respect to operations of the Russian Federation in Ukraine (a) In general The President shall determine, at such times as are required under subsection (b), whether— (1) the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting a significant escalation in hostilities or hostile action in or against Ukraine, compared to the level of hostilities or hostile action in or against Ukraine prior to December 1, 2021; and (2) if so, whether such escalation has the aim or effect of undermining, overthrowing, or dismantling the Government of Ukraine, occupying the territory of Ukraine, or interfering with the sovereignty or territorial integrity of Ukraine. (b) Timing of determinations The President shall make the determination described in subsection (a)— (1) not later than 15 days after the date of the enactment of this Act; (2) after the first determination under paragraph (1), every 90 days (or more frequently as warranted) during the one-year period beginning on such date of enactment; and (3) after the end of that one-year period, every 120 days. (c) Report required Upon making a determination under this section, the President shall submit to the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report on the determination. 303. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine (a) In general Upon making an affirmative determination under section 302 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 310 with respect to each of the officials specified in subsection (b). (b) Officials specified The officials specified in this subsection are the following: (1) The President of the Russian Federation. (2) The Prime Minister of the Russian Federation. (3) The Foreign Minister of the Russian Federation. (4) The Minister of Defense of the Russian Federation. (5) The Chief of the General Staff of the Armed Forces of the Russian Federation. (6) The Commander-in-Chief of the Land Forces of the Russian Federation. (7) The Commander-in-Chief of the Aerospace Forces of the Russian Federation. (8) The Commander of the Airborne Forces of the Russian Federation. (9) The Commander-in-Chief of the Navy of the Russian Federation. (10) The Commander of the Strategic Rocket Forces of the Russian Federation. (11) The Commander of the Special Operations Forces of the Russian Federation. (12) The Commander of Logistical Support of the Armed Forces of the Russian Federation. (c) Additional officials (1) List required Not later than 30 days after making an affirmative determination under section 302 and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines— (A) are— (i) senior officials of any branch of the armed forces of the Russian Federation leading any of the operations described in section 302; or (ii) senior officials of the Government of the Russian Federation, including any intelligence agencies or security services of the Russian Federation, with significant roles in planning or implementing such operations; and (B) with respect to which sanctions should be imposed in the interest of the national security of the United States. (2) Imposition of sanctions Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 310 with respect to each foreign person on the list. 304. Imposition of sanctions with respect to Russian financial institutions (a) Imposition of sanctions (1) In general Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 310(a)(1) with respect to 3 or more of the following financial institutions: (A) Sberbank. (B) VTB. (C) Gazprombank. (D) VEB.RF. (E) The Russian Direct Investment Fund. (F) Credit Bank of Moscow. (G) Alfa Bank. (H) Rosselkhozbank. (I) FC Bank Otkritie. (J) Promsvyazbank. (K) Sovcombank. (L) Transkapitalbank. (2) Subsidiaries and successor entities The President may impose the sanctions described in section 310(a)(1) with respect to any subsidiary of, or successor entity to, a financial institution specified in paragraph (1). (b) Additional Russian financial institutions (1) List required Not later than 30 days after making an affirmative determination under section 302, and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines— (A) are significant financial institutions owned or operated by the Government of the Russian Federation; and (B) should be sanctioned in the interest of United States national security. (2) Imposition of sanctions Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 310(a)(1) with respect to each foreign person identified on the list. 305. Imposition of sanctions with respect to provision of specialized financial messaging services to sanctioned Russian financial institutions (a) List of providers of specialized financial messaging services to russian financial institutions Not later than 60 days after making an affirmative determination under section 302, and not later than 30 days after the submission of any list of Russian financial institutions under section 304(b)(1), the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate committees of Congress a list of all known persons that provide specialized financial messaging services to, or that enable or facilitate access to such services for, any financial institution specified in subsection (a) of section 304 or on the list required by subsection (b) of that section. (b) Report on efforts To terminate the provision of specialized financial messaging services for sanctioned russian financial institutions Not later than 90 days after the imposition of any sanctions under section 304, and every 30 days thereafter as necessary, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report that— (1) describes the status of efforts to ensure that the termination of the provision of specialized financial messaging services to, and the enabling and facilitation of access to such services for, any financial institution with respect to which sanctions are imposed under section 304; and (2) identifies any other provider of specialized financial messaging services that continues to provide messaging services to, or enables or facilitates access to such services for, any such financial institution. (c) Authorization for the imposition of sanctions If, on or after the date that is 90 days after the imposition of any sanctions under section 304, a provider of financial specialized financial messaging services continues to knowingly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for, any financial institution with respect to which sanctions are imposed under section 304, the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to that provider. (d) Enabling or facilitation of access to specialized financial messaging services through intermediary financial institutions For purposes of this section, enabling or facilitating direct or indirect access to specialized financial messaging services includes doing so by serving as an intermediary financial institution with access to such messaging services. (e) Form of lists and reports Each list required by subsection (a) and each report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 306. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt (a) Prohibition on transactions Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall prohibit all transactions by United States persons involving the sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds. (b) Imposition of sanctions with respect to state-owned enterprises (1) In general Not later than 60 days after making an affirmative determination under section 302, the President shall identify and impose the sanctions described in section 310 with respect to foreign persons that the President determines engage in transactions involving the debt— (A) of not less than 10 entities owned or controlled by the Government of the Russian Federation; and (B) that is not subject to any other sanctions imposed by the United States. (2) Applicability Sanctions imposed under paragraph (1) shall apply with respect to debt of an entity described in subparagraph (A) of that paragraph that is issued after the date that is 90 days after the President makes an affirmative determination under section 302. (c) List; imposition of sanctions Not later than 30 days after making an affirmative determination under section 302, and every 90 days thereafter, the President shall— (1) submit to the appropriate committees of Congress a list of foreign persons that the President determines are engaged in transactions described in subsection (a); and (2) impose the sanctions described in section 310 with respect to each such person. 307. Department of State review of sanctions with respect to Nord Stream 2 (a) Sense of congress It is the sense of Congress that— (1) the Nord Stream 2 pipeline is a tool of malign influence of the Russian Federation and if it becomes operational, it will embolden the Russian Federation to further pressure and destabilize Ukraine; and (2) the United States should consider all available and appropriate measures to prevent the Nord Stream 2 pipeline from becoming operational, including through sanctions with respect to entities and individuals responsible for planning, constructing, or operating the pipeline, and through diplomatic efforts. (b) Department of State review of sanctions on Nord Stream 2 Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall review whether the May 19, 2021, waiver regarding sanctions with respect to Nord Stream 2 AG and the chief executive officer of Nord Stream 2 AG remains in the best interest of United States national security, especially in light of the Russian Federation’s military build-up along the border of Ukraine. 308. Imposition of sanctions with respect to Nord Stream 2 Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 310 with respect to a foreign person that is— (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity; and (2) any corporate officer of an entity described in paragraph (1). 309. Imposition of sanctions with respect to Russian extractive industries (a) Identification Not later than 60 days after making an affirmative determination under section 302, the President shall identify foreign persons in any of the sectors or industries described in subsection (b) that the President determines should be sanctioned in the interest of United States national security. (b) Sectors and industries described The sectors and industries described in this subsection are the following: (1) Oil and gas extraction and production. (2) Coal extraction, mining, and production. (3) Minerals extraction and processing. (4) Any other sector or industry with respect to which the President determines the imposition of sanctions is in the United States national security interest. (c) List; imposition of sanctions Not later than 90 days after making an affirmative determination under section 302, the President shall— (1) submit to the appropriate committees of Congress a list of the persons identified under subsection (a); and (2) impose the sanctions described in section 310 with respect to each such person. 310. Sanctions described The sanctions to be imposed with respect to a foreign person under this title are the following: (1) Property blocking The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) 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. 311. Implementation; regulations; penalties (a) 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 title. (b) Regulations The President shall issue such regulations, licenses, and orders as are necessary to carry out this title. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this title 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. 312. Exceptions; waiver (a) Exceptions (1) Exception for intelligence activities This title shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities Sanctions under this title shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity in the United States. (b) National security waiver The President may waive the imposition of sanctions under this title with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate committees of Congress a notification of the waiver and the reasons for the waiver. 313. Termination The President may terminate the sanctions imposed under this title after determining and certifying to the appropriate committees of Congress that the Government of the Russian Federation has— (1) verifiably withdrawn all of its forces from Ukrainian territory that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation prior to December 1, 2021; (2) ceased supporting proxies in Ukrainian territory described in paragraph (1); and (3) entered into an agreed settlement with a legitimate democratic government of Ukraine. IV General provisions 401. Sunset (a) Titles I and II The provisions of titles I and II shall terminate on the date that is 5 years after the date of the enactment of this Act. (b) Title III The provisions of title III shall terminate on the date that is 3 years after the date of the enactment of this Act. 402. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authority or a requirement 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.
January 18, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3488pcs/xml/BILLS-117s3488pcs.xml |
117-s-3489 | II 117th CONGRESS 2d Session S. 3489 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Burr (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish or continue a multidisciplinary research program to advance the discovery and preclinical development of medical products for priority virus families and other viral pathogens with a significant potential to cause a pandemic, and for other purposes.
1. Research centers for pathogens of pandemic concern Subpart 6 of part C of title IV of the Public Health Service Act is amended by inserting after section 447C ( 42 U.S.C. 285f–4 ) the following: 447D. Research centers for pathogens of pandemic concern (a) In general The Director of the Institute, in collaboration, as appropriate, with the directors of applicable institutes, centers, and divisions of the National Institutes of Health, and the Director of the Biomedical Advanced Research and Development Authority, shall establish or continue a multidisciplinary research program to advance the discovery and preclinical development of medical products for priority virus families and other viral pathogens with a significant potential to cause a pandemic, through support for research centers. (b) Uses of funds The Director of the Institute shall award funding through grants, contracts, or cooperative agreements to public or private entities, or consortia of such entities, to provide support for research centers described in subsection (a) for the purpose of— (1) conducting basic research through preclinical development of new medical products or technologies, including platform technologies, to address pathogens of pandemic concern; (2) identifying potential targets for therapeutic candidates, including antivirals, to treat such pathogens; (3) identifying existing medical products with the potential to address such pathogens, including candidates that could be used in outpatient settings; and (4) carrying out or supporting other research related to medical products to address such pathogens, as determined appropriate by the Director. (c) Coordination The Director of the Institute shall, as appropriate, provide for the coordination of activities among the centers described in subsection (a), including through— (1) facilitating the exchange of information and regular communication among the centers, as appropriate; and (2) requiring the periodic preparation and submission to the Director of reports on the activities of each center. (d) Priority In awarding funding through grants, contracts, or cooperative agreements under subsection (a), the Director of the Institute shall, as appropriate, give priority to applicants with existing frameworks and partnerships, as applicable, to support the advancement of such research. (e) Collaboration The Director of the Institute shall— (1) collaborate with the heads of other appropriate Federal departments, agencies, and offices with respect to the identification of additional priority virus families and other viral pathogens with a significant potential to cause a pandemic; and (2) collaborate with the Director of the Biomedical Advanced Research and Development Authority with respect to the research conducted by centers described in subsection (a), including, as appropriate, providing any updates on the research advancements made by such centers, identifying any advanced research and development needs for such countermeasures, consistent with section 319L(a)(6), and taking into consideration existing manufacturing capacity and future capacity needs for such medical products or technologies, including platform technologies, supported by the centers described in subsection (a). (f) Supplement, not supplant Any support received by a center described in subsection (a) under this section shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported. . 2. Improving medical countermeasure research coordination Section 402(b) in the Public Health Service Act ( 42 U.S.C. 282(b) ) is amended— (1) in paragraph (24), by striking and at the end; (2) in paragraph (25), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (25) the following: (26) shall consult with the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Centers for Disease Control and Prevention, and the heads of other Federal agencies and offices, as appropriate, regarding research needs to advance medical countermeasures to diagnose, mitigate, prevent, or treat harm from any biological agent or toxin, including emerging infectious diseases, chemical, radiological, or nuclear agent that may cause a public health emergency or other research needs related to emerging public health threats. . | https://www.govinfo.gov/content/pkg/BILLS-117s3489is/xml/BILLS-117s3489is.xml |
117-s-3490 | II 117th CONGRESS 2d Session S. 3490 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to bring the non-monetary policy related functions of the Board of Governors of the Federal Reserve System into the appropriations process, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Regulatory Oversight Act . 2. Bringing the non-monetary policy related functions of the Board of Governors of the Federal Reserve System into the appropriations process (a) In general The Federal Reserve Act is amended by inserting after section 11B the following: 11C. Appropriations requirement for non-monetary policy related administrative costs (a) Appropriations requirement (1) Recovery of costs of annual appropriation The Board of Governors of the Federal Reserve System and the Federal reserve banks shall collect assessments and other fees, as provided under this Act, that are designed to recover the costs to the Government of the annual appropriation to the Board of Governors of the Federal Reserve System by Congress. The Board of Governors of the Federal Reserve System and the Federal reserve banks may only incur obligations or allow and pay expenses with respect to non-monetary policy related administrative costs pursuant to an appropriations Act. (2) Offsetting collections Assessments and other fees described under paragraph (1) for any fiscal year— (A) shall be deposited and credited as offsetting collections to the account providing appropriations to the Board of Governors of the Federal Reserve System; and (B) shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts. (3) Limitation This subsection shall only apply to the non-monetary policy related administrative costs of the Board of Governors of the Federal Reserve System. (b) Definitions For purposes of this section: (1) Monetary policy The term monetary policy means a strategy for producing a generally acceptable exchange medium that supports the productive employment of economic resources by reliably serving as both a unit of account and store of value. (2) Non-monetary policy related administrative costs The term non-monetary policy related administrative costs means administrative costs not related to the conduct of monetary policy, and includes— (A) direct operating expenses for supervising and regulating entities supervised and regulated by the Board of Governors of the Federal Reserve System, including conducting examinations, conducting stress tests, communicating with the entities regarding supervisory matters and laws, and regulations; (B) operating expenses for activities integral to carrying out supervisory and regulatory responsibilities, such as training staff in the supervisory function, research and analysis functions including library subscription services, and collecting and processing regulatory reports filed by supervised institutions; and (C) support, overhead, and pension expenses related to the items described under subparagraphs (A) and (B). . (b) Effective date The amendments made by this section shall apply with respect to expenses paid and fees collected on or after October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3490is/xml/BILLS-117s3490is.xml |
117-s-3491 | II 117th CONGRESS 2d Session S. 3491 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Hagerty (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a commission to reform and modernize the Department of State.
1. Short title This Act may be cited as the Commission on Reform and Modernization of the Department of State for the 21st Century Act . 2. Establishment of Commission There is established in the legislative branch the Commission on Reform and Modernization of the Department of State for the 21st Century (in this Act referred to as the Commission ). 3. Purposes The purposes of the Commission are to examine the changing nature of diplomacy in the 21st century and ways that the Department of State can modernize to advance the interests of the United States, as well as offer recommendations related to— (1) the organizational structure of the Department of State; (2) all personnel-related matters, to include recruitment, promotion, training, and retention of the Department of State’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide; (3) the Department of State’s infrastructure—both domestic and overseas—to include information technology, transportation, and security; (4) the link between diplomacy and defense, development, commercial, health, law enforcement, and other core American interests; (5) core legislation that authorizes United States diplomacy; and (6) treaties that impact United States overseas presence. 4. Membership (a) Composition The Commission shall be composed of 8 members of whom— (1) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate, who shall serve as co-chair of the Commission; (2) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate, who shall serve as co-chair of the Commission; (3) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives; (4) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (5) 1 member shall be appointed by the majority leader of the Senate; (6) 1 member shall be appointed by the Speaker of the House of Representatives; (7) 1 member shall be appointed by the minority leader of the Senate; and (8) 1 member shall be appointed by the minority leader of the House of Representatives. (b) Qualifications; meetings (1) Membership The members of the Commission who are not Members of Congress should be prominent United States citizens, with national recognition and significant depth of experience in international relations. (2) Political party affiliation Not more than 4 members of the Commission may be from the same political party. (3) Meetings (A) Initial meeting The Commission shall hold the first meeting and begin operations as soon as practicable. (B) Frequency The Commission shall meet at the call of the co-chairs. (C) Quorum Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. (4) Vacancies Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. 5. Functions of Commission (a) In general The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (b) Panels The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this Act. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. (c) Delegation Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this Act. 6. Powers of Commission (a) Hearings and evidence The Commission or, as delegated by the co-chairs, any panel or member thereof, may, for the purpose of carrying out this Act— (1) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (2) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (3) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (b) Contracts The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information from Federal agencies (1) In general The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. (2) Furnishing information Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chairman of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (3) Handling Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance from Federal agencies (1) Secretary of State The Secretary of State shall provide to the Commission, on a non-reimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this Act. (2) Other departments and agencies Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (3) Cooperation The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (e) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 7. Staff and compensation (a) Staff (1) Compensation The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (2) Detail of government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (3) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of that title. (b) Commission members (1) Compensation Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this Act. (2) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (c) Security clearances for Commission members and staff The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. 8. Report Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. 9. Termination of Commission (a) In general The Commission, and all the authorities under this Act, shall terminate 60 days after the date on which the final report is submitted under section 8. (b) Administrative Activities Before Termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. 10. Authorization of appropriations (a) In general There is authorized to be appropriated to the Commission to carry out this Act $5,000,000 for fiscal year 2022. (b) Availability Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission. 11. Inapplicability of certain administrative provisions (a) Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Freedom of Information Act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), shall not apply to the activities, records, and proceedings of the Commission under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3491is/xml/BILLS-117s3491is.xml |
117-s-3492 | II 117th CONGRESS 2d Session S. 3492 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Cardin (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address the importance of foreign affairs training to national security, and for other purposes.
1. Sense of Congress It is the sense of Congress that— (1) the Department of State is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the investment of time and resources by the Department with respect to the training and education of its personnel is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats; (3) the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand continual, high-quality training and education of its personnel; (4) the Department must move beyond reliance on on-the-job training and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and toward a robust professional tradecraft training continuum that will provide for greater equality in career advancement; (5) the Department must clearly link training to promotional opportunities, requiring officers to take certain classes at institutions of the Department (or equivalent courses at other institutions) at specific phases throughout their careers and to participate in fellowship programs that expose diplomats to other agencies, organizations, and cultures; (6) the Foreign Service Institute and other training facilities of the Department should seek to increase substantially educational and training offerings to Department personnel, including by developing new and innovative education and training courses, methods, programs, and opportunities; and (7) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute should accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses. 2. Definition of appropriate congressional committees In this Act, 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. 3. Training float strategy (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a training float to allow for a minimum of 10 percent and up to 15 percent of officers of the Civil Service of the Department of State and the Foreign Service to participate in long-term training at any given time. (b) Identification of steps The strategy required by subsection (a) shall identify steps necessary to ensure— (1) implementation of the training priorities described in section 4; (2) sufficient training capacity and opportunities are available to Civil Service and Foreign Service officers; (3) the use of mechanisms to ensure equitable distribution of long-term training opportunities to Civil Service and Foreign Service officers; and (4) the availability of resources and any additional authorities necessary to facilitate the training float described in subsection (a), including through programs at the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department. (c) Identification of training The strategy required by subsection (a) shall identify— (1) which types of training would be prioritized under the training float; (2) the extent to which such training is already being provided to Civil Service and Foreign Service officers by the Department; (3) any factors in existence as of the date on which the strategy is submitted that incentivize or disincentive such training; and (4) why such training cannot be achieved without Foreign Service officers leaving the workforce. (d) Considerations In developing the strategy required by subsection (a), the Secretary of State shall consider, in addition to training opportunities provided by the Department, training that could be provided by other United States Government training institutions and nongovernmental educational institutions. 4. Training prioritization In order to provide the Civil Service of the Department of State and the Foreign Service with the level of education and training needed to effectively advance United States interests across the world, the Secretary of State shall— (1) increase offerings provided by the Department— (A) of interactive virtual instruction to make training more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel to provide such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department of State and reciprocally officers of other Departments to participate in similar exercises held by the Department of State or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training courses, including by— (A) extending the A–100 entry-level course to not less than 12 weeks, better matching the length of entry-level training provided to the officers in other national security departments and agencies; and (B) extending the chief of mission course to not less than 6 weeks for first time chiefs of mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. 5. Fellowships The Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants at the Department of State to allow fellows in those programs the opportunity to undertake a follow-on assignment within the Department in an office that will benefit from practical knowledge of the people and processes of Congress. 6. Center for Innovation in Training at the Foreign Service Institute (a) Establishment The Secretary of State shall establish a center to be known as the Center for Innovation in Training (in this section referred to as the Center ). (b) Purpose The purpose of the Center shall be to allow the Foreign Service Institute to cyclically evaluate all courses and curriculum of the Institute in order to identify updates to such courses and curriculum necessary to meet the frequent changes in skillsets needed by officers to aptly prepare them to address ever-changing global dynamics. (c) Supervision (1) In general The Center shall be led by an official equivalent to the level of a Deputy Assistant Secretary of State, who shall be appointed by the Secretary of State. (2) Terms The official described in paragraph (1) shall serve for a term of at least 2 years and may be reappointed for 1 or more additional 2-year terms. (3) Qualifications The official described in paragraph (1) shall be appointed from among individuals with experience in technology, innovation, human capital, metrics, and evaluation of adult learning. (4) Hiring authorities The official described in paragraph (1) shall be— (A) a highly qualified expert appointed by the Secretary; (B) an individual detailed to the Department under the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ); or (C) an individual hired under a specialized hiring authority equivalent to the authorities described in subparagraphs (A) and (B), as determined by the Secretary. 7. Board of Visitors of the Foreign Service Institute (a) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute. (b) Duties The Board of Visitors established under subsection (a) shall provide the Secretary of State with independent advice and recommendations on organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute. (c) Membership (1) In general The Board shall be— (A) nonpartisan; and (B) composed of 12 members of whom— (i) 2 shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate; (ii) 2 shall be appointed by the Ranking Member of the Committee on Foreign Relations of the Senate; (iii) 2 shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives; (iv) 2 shall be appointed by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives; and (v) 4 shall be appointed by the Secretary of State. (2) Qualifications Members of the Board shall be appointed from among individuals who are not officers or employees of the Federal Government and are eminent authorities in the fields of diplomacy, management, leadership, technology, and advanced international relations education. (3) Outside expertise Not fewer than 1/2 of the members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (d) Terms A member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (1) 1/3 shall be appointed for a term of 3 years; (2) 1/3 shall be appointed for a term of 2 years; and (3) 1/3 shall be appointed for a term of 1 year. (e) Reappointment; replacement A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (f) Chairperson; Co-Chairperson (1) Approval The Chairperson and Co-Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (2) Service The Chairperson and Co-Chairperson shall serve at the discretion of the Secretary. (g) Meetings The Board shall meet— (1) at the call of the Chief Learning Officer appointed under section 11 in consultation with the Director of the Foreign Service Institute and the Chairperson; and (2) not fewer than 2 times per year. (h) Compensation A member of the Board shall serve without compensation, except a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary of State may accept the voluntary and uncompensated services of members of the Board. (i) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this section. 8. Establishment of Provost of the Foreign Service Institute (a) Establishment There is established in the Foreign Service Institute the position of Provost. (b) Appointment; reporting The Provost shall— (1) be appointed by the Board of Visitors of the Foreign Service Institute of the Department of State established under section 7; and (2) report to the Director of the Foreign Service Institute. (c) Duties The Provost shall— (1) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (2) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (3) report not less frequently than quarterly to the Board of Visitors on curriculum developments and the performance of Foreign Service officers. (d) Term The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional term. (e) Compensation The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. 9. Other agency responsibilities and opportunities for congressional staff (a) Other agencies National security agencies other than the Department of State should increase the enrollment of their personnel in courses at the Foreign Service Institute and other training facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (b) Congressional staff The Secretary of State shall budget for and offer opportunities for congressional staff to participate in education and training through the Foreign Service Institute. 10. Strategy for residential training (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy for establishing residential training for the A–100 orientation course administered by the Foreign Service Institute. (b) Strategy development In developing the strategy, the Secretary of State shall— (1) work with other national security departments and agencies that employ residential training for their orientation course; and (2) consider using the Foreign Affairs Security Training Center in Blackstone, Virginia, a facility of the Department of State. 11. Establishment of Chief Learning Officer position (a) Establishment There is established in the Department of State the position of Chief Learning Officer of the Department. (b) Appointment; reporting The Chief Learning Officer shall— (1) be appointed by the Secretary of State; and (2) report to the Secretary. (c) Duties (1) Principal advisor The Chief Learning Officer shall be the principal advisor to the Secretary of State and the Deputy Secretaries of State on the intellectual preparation and development of the entire workforce of the Department for 21st century diplomacy, including all matters related to the educational and training strategies, policies, plans, activities, resources, personnel, and budget of the Department. (2) Oversight The Chief Learning Officer shall oversee— (A) the Foreign Service Institute; (B) the executive fellowship programs of the Department; (C) all rotations and exchanges of personnel of the Department; and (D) any educational components established by the Department. (3) Responsibilities The Chief Learning Officer shall— (A) serve as the Executive for Education and Training of the Department; (B) be responsible for education management, policy, facilities, and oversight on all educational matters of the Department; (C) advise the Secretary, the Deputy Secretary of State, and all Under Secretaries of State and the staffs of such officials on all educational and training matters, and all matters pertaining to human capital, including recruitment, retention, promotion, supervision, and assignments; (D) develop and execute a comprehensive education and training strategy for the Department; (E) represent the Secretary and the Deputy Secretary during the budget formulation process for all education and related matters; (F) formulate regulations, policies, strategies, and guidance of the Department for diplomatic education and training; (G) oversee the Foreign Service Institute and the personnel, resources, and facilities of the Institute, including by establishing an independent Board of Overseers of the Foreign Service Institute, appointing the members of the Board, and serving as an ex officio member of the Board; (H) provide the Secretary and the Deputy Secretary with proposed language for use in promotion policies of the Department, including setting education, professional development, and leadership development attainment and performance standards to be required or preferred for promotion; (I) establish and chair a Secretary’s Management Council to coordinate and enforce policies relating to education and training and promotion, supervision, and assignments, the members of which shall be selected by the Secretary and include the Under Secretary of State for Administration and the Director General for Global Talent Management, among others; (J) serve as the liaison of the Department to academia, learning enterprises within the United States Government, and the education and learning sectors of the private sector, and establish partnerships and agreements for educational exchanges and experiential learning assignments; (K) modify academic curricula, academic research programs, and faculty-hiring policies, and make key personnel decisions, as required; (L) conduct or direct assessments of the education and training system of the Department to determine the quality and relevance of academic programs; (M) establish the academic standards for selection and performance of faculty and students within the Department; (N) exercise decision authority on all additional matters designated by the Secretary and Deputy Secretary; and (O) designate an individual to be responsible for learning and training at every bureau of the Department and United States embassy, and organize those individuals into a network to collaborate on training and education activities developing in the field. (d) Term The Chief Learning Officer shall serve for a term of not fewer than 3 years, and may be reappointed for 2 additional terms. (e) Compensation The rate of basic pay for the Chief Learning Officer shall be the greater of— (1) the highest rate of basic pay payable for a noncareer appointee (as defined in section 3132(a) of title 5, United States Code); or (2) the rate of basic pay payable for a highly qualified expert, as determined by the Secretary of State, in a position at level III of the Executive Schedule. 12. Report and briefing requirements (a) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes— (1) the strategy developed by the Chief Learning Officer under section 11(c)(3)(D); (2) the process used to implement the strategy throughout the Department; and (3) the results and impact of the strategy on the workforce of the Department, particularly the relationship between training and promotions for Department personnel, and including the measurement and evaluation methods used. (b) Briefing Not later than 1 year after the date on which the Secretary of State submits the report required by subsection (a), and annually thereafter for 2 years, the Secretary shall provide to the appropriate congressional committees a briefing on the information required to be included in the report. | https://www.govinfo.gov/content/pkg/BILLS-117s3492is/xml/BILLS-117s3492is.xml |
117-s-3493 | II 117th CONGRESS 2d Session S. 3493 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Cardin (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require guidance on extending expiration dates for certain drugs, and for other purposes.
1. Short title This Act may be cited as the Drug Shortages Shelf Life Extension Act . 2. Extending expiration dates for certain drugs (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue draft guidance, or revise existing guidance, to address recommendations for sponsors of applications under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) regarding— (1) the submission of stability testing data in such applications; and (2) establishing in the labeling of drugs the longest feasible expiration date supported by such data, taking into consideration how extended expiration dates may help prevent or mitigate drug shortages. (b) Report Not later than 2 years after the date of enactment of this Act, and again 2 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) the number of drugs for which the Secretary has requested the manufacturer make a labeling change regarding the expiration date; and (2) for each drug for which the Secretary has requested a labeling change with respect to the expiration date, information regarding the circumstances of such request, including— (A) the name and dose of such drug; (B) the rationale for the request; (C) whether the drug, at the time of the request, was listed on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356e ), or was at risk of shortage; (D) whether the request was made during a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); and (E) whether the manufacturer made the requested change by the requested date, and for instances where the manufacturer does not make the requested change, the manufacturer’s justification for not making the change, if the manufacturer agrees to provide such justification for inclusion in the report. | https://www.govinfo.gov/content/pkg/BILLS-117s3493is/xml/BILLS-117s3493is.xml |
117-s-3494 | II 117th CONGRESS 2d Session S. 3494 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Ossoff (for himself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Ethics in Government Act of 1978 to require Members of Congress and their spouses and dependents to place certain assets into blind trusts, and for other purposes.
1. Short title This Act may be cited as the Ban Congressional Stock Trading Act . 2. Placement of certain assets of Members of Congress, spouses, and dependents in qualified blind trusts The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following: II Certain assets of Members of Congress, spouses, and dependents 201. Definitions In this title: (1) Commodity The term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered investment (A) In general The term covered investment means— (i) an investment in a security, a commodity, or a future; and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other, similar means. (B) Inclusions The term covered investment includes an investment or economic interest described in subparagraph (A) that is held directly, or in which an individual has an indirect, beneficial, or economic interest, through— (i) an investment fund; (ii) a trust (other than a qualified blind trust); (iii) an employee benefit plan; or (iv) a deferred compensation plan, including a carried interest or other agreement tied to the performance of an investment, other than a fixed cash payment. (C) Exclusions The term covered investment does not include— (i) a diversified mutual fund (including any holdings of such a fund); (ii) a diversified exchange-traded fund (including any holdings of such a fund); (iii) a United States Treasury bill, note, or bond; (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress; or (v) any investment fund held in a Federal, State, or local government employee retirement plan. (D) Clarification An investment that achieves compliance with applicable environmental, social, and governance criteria shall not be considered to be a covered investment solely by reason of that compliance. (3) Current The term current , with respect to a Member of Congress, means an individual who is serving as a Member of Congress on the date of enactment of the Ban Congressional Stock Trading Act . (4) Dependent The term dependent , with respect to an individual, means a child or other relative who is a resident of the immediate household of the individual. (5) Diversified The term diversified , with respect to a fund, trust, or plan, means that the fund, trust, or plan does not have a stated policy of concentrating its investments in any industry, business, single country other than the United States, or bonds of a single State. (6) Future The term future means— (A) a security future (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (7) Initial property The term initial property means an asset or financial interest transferred to a qualified blind trust by, or on behalf of, an interested party or a relative of an interested party, regardless of whether the asset or financial interest is transferred to the qualified blind trust on or after the date of establishment of the qualified blind trust. (8) Interested party The term interested party has the meaning given the term in section 102(f)(3)(E). (9) Member of Congress The term Member of Congress has the meaning given the term in section 109. (10) New The term new , with respect to a Member of Congress, means an individual who— (A) is not a current Member of Congress; but (B) commences service as a Member of Congress after the date of enactment of the Ban Congressional Stock Trading Act . (11) Qualified blind trust The term qualified blind trust means a qualified blind trust (as defined in section 102(f)(3)) that has been approved in writing by the applicable supervising ethics office under section 102(f)(3)(D). (12) Security The term security has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (13) Supervising ethics office The term supervising ethics office has the meaning given the term in section 109. 202. Placement of certain assets in qualified blind trusts (a) Current Members of Congress (1) Certification Not later than 30 days after the date of enactment of the Ban Congressional Stock Trading Act , each current Member of Congress shall submit to the applicable supervising ethics office a certification that, as applicable— (A) for each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress, the Member of Congress, or the applicable spouse or dependent of the Member of Congress, will— (i) divest the covered investment; or (ii) place the covered investment in a qualified blind trust, including by establishing a qualified blind trust for that purpose, if necessary; or (B) neither the Member of Congress nor any spouse or dependent of the Member of Congress owns a covered investment. (2) Divestiture or placement in qualified blind trust (A) Requirement Subject to paragraph (3), not later than 120 days after the date of enactment of the Ban Congressional Stock Trading Act , each current Member of Congress shall divest, or place in a qualified blind trust (including by establishing a qualified blind trust for that purpose, if necessary), each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress. (B) Divestiture A current Member of Congress shall divest a covered investment held by the Member of Congress or a spouse or dependent of the Member of Congress if— (i) the Member of Congress, or the applicable spouse or dependent of the Member of Congress, is unable to place the covered investment in a qualified blind trust by the date described in subparagraph (A); and (ii) the Member of Congress fails to obtain an extension pursuant to paragraph (3). (3) Extensions If a current Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in paragraph (2)(A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that— (A) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and (B) the period covered by a single extension shall be not longer than 45 days. (b) New Members of Congress (1) Certification Not later than 30 days after the date on which an individual becomes a new Member of Congress, the new Member of Congress shall submit to the applicable supervising ethics office a certification that, as applicable— (A) for each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress, the Member of Congress, or the applicable spouse or dependent of the Member of Congress, will— (i) divest the covered investment; or (ii) place the covered investment in a qualified blind trust, including by establishing a qualified blind trust for that purpose, if necessary; or (B) neither the Member of Congress nor a spouse or dependent of the Member of Congress owns a covered investment. (2) Divestiture or placement in qualified blind trust (A) Requirement Subject to paragraph (3), not later than 120 days after the date on which an individual becomes a new Member of Congress, the individual shall divest, or place in a qualified blind trust (including by establishing a qualified blind trust for that purpose, if necessary), each covered investment owned by the Member of Congress or a spouse or dependent of the Member of Congress. (B) Divestiture A new Member of Congress shall divest a covered investment held by the Member of Congress or a spouse or dependent of the Member of Congress if— (i) the Member of Congress, or the applicable spouse or dependent of the Member of Congress, is unable to place the covered investment in a qualified blind trust by the date described in subparagraph (A); and (ii) the Member of Congress fails to obtain an extension pursuant to paragraph (3). (3) Extensions If a new Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in paragraph (2)(A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that— (A) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and (B) the period covered by a single extension shall be not longer than 45 days. (c) Acquisitions during service (1) In general Subject to paragraph (2), and any applicable rules issued pursuant to subsection (h)(3), effective beginning on the date of enactment of the Ban Congressional Stock Trading Act , a Member of Congress, and a spouse or dependent of the Member of Congress, may not acquire a covered investment. (2) Inheritances (A) In general Subject to subparagraph (B), a Member of Congress or a spouse or dependent of a Member of Congress who inherits a covered investment shall divest or place the covered investment in a qualified blind trust by not later than 120 days after the date on which the covered investment is inherited. (B) Extensions If a Member of Congress, or a spouse or dependent of the Member of Congress, is unable to place a covered investment in a qualified blind trust by the date described in subparagraph (A), the Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that— (i) the total period of time covered by all extensions granted to the Member of Congress for the covered investment shall not exceed 180 days; and (ii) the period covered by a single extension shall be not longer than 45 days. (d) Mingling of assets A spouse or dependent of a Member of Congress may place a covered investment in a qualified blind trust established by the Member of Congress under subsection (a)(1)(A)(ii) or (b)(1)(A)(ii). (e) Separation from service and cooling-Off period required for control During the period beginning on the date on which an individual becomes a Member of Congress and ending on the date that is 180 days after the date on which the individual ceases to serve as a Member of Congress, the Member of Congress, and any spouse or dependent of the Member of Congress, may not— (1) dissolve any qualified blind trust in which a covered investment has been placed pursuant to subsection (a), (b), (c)(2), or (d); or (2) except as provided in this section, otherwise control a covered investment. (f) Reporting requirements (1) Supervising ethics offices Each supervising ethics office shall make available on the public website of the supervising ethics office— (A) a copy of— (i) each certification submitted to the supervising ethics office under subsection (a)(1) or (b)(1); (ii) each qualified blind trust agreement of each Member of Congress; (iii) each notice and other documentation submitted to the supervising ethics office under paragraph (2) or (3); and (iv) each notice, rule, and other documentation issued or received by the supervising ethics office under subsection (g); (B) a schedule of all assets placed in a qualified blind trust by each Member of Congress and interested party; and (C) a description of each extension granted, and each civil penalty imposed, pursuant to this section. (2) Trustees Each trustee of a qualified blind trust established by a Member of Congress shall submit to the Member of Congress and the applicable supervising ethics office a written notice in any case in which the trustee— (A) learns that— (i) an interested party has obtained knowledge of any trust property other than the initial property of the qualified blind trust; or (ii) the value of the initial property of the qualified blind trust is less than $1,000; or (B) divests any initial property of the qualified blind trust. (3) Members of Congress Each Member of Congress who is a beneficiary of a qualified blind trust shall submit to the applicable supervising ethics office— (A) a copy of the executed qualified blind trust agreement by not later than 30 days after the date of execution; (B) a list of each asset and each financial interest transferred to the qualified blind trust by an interested party by not later than 30 days after the date of the transfer; (C) a copy of each notice submitted to the Member of Congress under paragraph (2) by not later than 30 days after the date of receipt; (D) a written notice that an interested party has obtained knowledge of any holding of the qualified blind trust by not later than the date that is 30 days after the date on which the Member of Congress discovered that the knowledge had been obtained; and (E) a written notice of dissolution of the qualified blind trust by not later than 30 days after the date of dissolution. (g) Enforcement (1) In general The applicable supervising ethics office shall provide a written notice (including notice of the potential for civil penalties under paragraph (2)) to any Member of Congress who fails— (A) to submit a certification under subsection (a)(1) or (b)(1) by the date on which the certification is required to be submitted; or (B) to place 1 or more covered investments owned by the Member of Congress or a spouse or dependent of the Member of Congress in a qualified blind trust in accordance with subsection (a)(2), (b)(2), (c)(2)(C)(i)(II), or (c)(2)(A) by the applicable deadline, subject to any extension under subsection (a)(3), (b)(3), or (c)(2)(B). (2) Civil penalties (A) In general A supervising ethics office shall impose a civil penalty, in the amount described in subparagraph (B), on a Member of Congress to whom a notice is provided under subparagraph (A) or (B) of paragraph (1)— (i) on the date that is 30 days after the date of provision of the notice; and (ii) not less frequently than once every 30 days thereafter. (B) Amount The amount of each civil penalty imposed on a Member of Congress pursuant to subparagraph (A) shall be equal to the monthly equivalent of the annual rate of pay payable to the Member of Congress. (h) Authorization of supervising ethics offices Each supervising ethics office in the legislative branch may— (1) impose and collect civil penalties in accordance with subsection (g); (2) establish such procedures and standard forms as the supervising ethics office determines to be appropriate to implement this section; (3) issue rules in accordance with this section to establish new, and supplement existing, definitions applicable to this section; and (4) publish on a website all documents and communications described in this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s3494is/xml/BILLS-117s3494is.xml |
117-s-3495 | II 117th CONGRESS 2d Session S. 3495 IN THE SENATE OF THE UNITED STATES January 12 (legislative day, January 10), 2022 Mr. Scott of South Carolina (for himself, Mr. Thune , Ms. Ernst , Mr. Rubio , Mr. Lankford , Mr. Grassley , Mr. Hoeven , Mr. Scott of Florida , Mr. Hagerty , Mr. Young , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To create a point of order against spending that will increase inflation unless inflation is not greater than 4.5 percent, and for other purposes.
1. Short title This Act may be cited as the Inflation Prevention Act . 2. Point of order against spending that will increase inflation until inflation is not greater than 4.5 percent (a) Point of order (1) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that provides new budget authority and that is estimated to result in an increase in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics, unless the annualized rate of increase in the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics is not more than 4.5 percent. (2) Point of order sustained If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (3) Determination of effect on inflation (A) In general The estimated amount of the increase in the Consumer Price Index for All Urban Consumers, if any, for purposes of this section shall be determined based on estimates prepared by the Congressional Budget Office. (B) Provision of estimates Upon request by a Member of Congress, the Congressional Budget Office shall prepare an estimate of the effect on the Consumer Price Index for All Urban Consumers of the provisions in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that provide new budget authority. (b) Form of the point of order A point of order under subsection (a)(1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (c) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (a)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (d) Supermajority waiver and appeal In the Senate, this section may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. 3. Notification (a) In general The Congressional Budget Office shall notify Congress if the annualized rate of increase in the Consumer Price Index for All Urban Consumers is greater than 4.5 percent. (b) Submission The Congressional Budget Office may submit the certification required under subsection (a) as part of another report required to be submitted to Congress. | https://www.govinfo.gov/content/pkg/BILLS-117s3495is/xml/BILLS-117s3495is.xml |
117-s-3496 | II 117th CONGRESS 2d Session S. 3496 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Braun (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve research and development of medical countermeasures for novel pathogens.
1. Short title This Act may be cited as the Promoting Access to Critical Countermeasures by Ensuring Specimen Samples to Diagnostics Act or the Promoting ACCESS to Diagnostics Act . 2. Accessing specimen samples and diagnostic tests (a) Improving research and development of medical countermeasures for novel pathogens (1) Sample access Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall make publicly available policies and procedures related to public and private entities accessing specimens of, or specimens containing, pathogens or suitable surrogates for, or alternatives to, such pathogens as the Secretary determines appropriate to support public health preparedness and response activities or biomedical research for purposes of the development and validation, as applicable, of medical products to address emerging infectious diseases and for use to otherwise respond to emerging infectious diseases. Such policies and procedures shall take into account, as appropriate, any applicable existing Federal resources. (2) Guidance The Secretary shall issue guidance regarding the procedures for carrying out paragraph (1), including— (A) the method for requesting such samples; (B) considerations for sample availability and use of suitable surrogates or alternatives to such pathogens, as appropriate, including applicable safeguard and security measures; and (C) information required to be provided in order to receive such samples or suitable surrogates or alternatives. (b) Earlier development of diagnostic tests Title III of the Public Health Service Act is amended by inserting after section 319A ( 42 U.S.C. 247d–1 ) the following: 319B. Earlier development of diagnostic tests The Secretary may contract with public and private entities, as appropriate, to increase capacity in the rapid development, validation, manufacture, and dissemination of diagnostic tests, as appropriate, to State, local, and Tribal health departments and other appropriate entities for immediate public health response activities to address emerging infectious diseases that have significant potential to cause a public health emergency. . | https://www.govinfo.gov/content/pkg/BILLS-117s3496is/xml/BILLS-117s3496is.xml |
117-s-3497 | II 117th CONGRESS 2d Session S. 3497 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Inhofe (for himself 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 Public Health Service Act to establish a grant program to award grants to public institutions of higher education located in a covered State, and for other purposes.
1. Short title This Act may be cited as the Medical Student Education Authorization Act of 2022 . 2. Findings Congress finds the following: (1) Access to high quality primary care is associated with improved health outcomes and lower health care costs. (2) Substantial disparities exist in the distribution of primary care providers. (3) Shortages of health care providers affect Tribal, rural, and medically underserved communities more than the populations of more densely populated areas, resulting in such communities experiencing significant health challenges and disparities. (4) American Indian, Alaskan Natives, and Native Hawaiians tend to have lower health status, lower life expectancy, and disproportionate disease burden when compared to other Americans. (5) Having training experiences in, living among, and being a member of Tribal, rural, and medically underserved communities increases cultural awareness and can influence career choice for physicians to better serve such populations. (6) Research shows there is a relationship between the characteristics of a physician and the eventual practice location, including being part of an underrepresented minority or growing up in a rural area. 3. Education program to support primary health service for underserved populations Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ) is amended by adding at the end the following: 742. Education program to support primary health service for underserved populations (a) Establishment The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to award grants to public institutions of higher education located in a covered State to carry out the activities described in subsection (d) for the purposes of— (1) expanding and supporting education for medical students who are preparing to become physicians in a covered State; and (2) preparing and encouraging each such student training in a covered State to serve Tribal, rural, or medically underserved communities as a primary care physician after completing such training. (b) Eligibility In order to be eligible to receive a grant under this section, a public institution of higher education shall submit an application to the Secretary that includes— (1) a certification that such institution will use amounts provided to the institution to carry out the activities described in subsection (d); and (2) a description of how such institution will carry out such activities. (c) Priority In awarding grants under this section, the Secretary shall give priority to public institutions of higher education that— (1) are located in a State with not fewer than 2 federally recognized Tribes; and (2) demonstrate a public-private partnership. (d) Authorized activities An eligible entity that receives a grant under this section shall use the funds made available under such grant to carry out the following activities: (1) Support or expand community-based experiential training for medical students who will practice in or serve Tribal, rural, and medically underserved communities. (2) Develop and operate programs to train medical students in primary care services. (3) Develop and implement curricula that— (A) includes a defined set of clinical and community-based training activities that emphasize care for Tribal, rural, or medically underserved communities; (B) is applicable to primary care practice with respect to individuals from Tribal, rural, or medically underserved communities; (C) identifies and addresses challenges to health equity, including the needs of Tribal, rural, and medically underserved communities; (D) supports the use of telehealth technologies and practices; (E) considers social determinants of health in care plan development; (F) integrates behavioral health care into primary care practice, including prevention and treatment of opioid disorders and other substance use disorders; (G) promotes interprofessional training that supports a patient-centered model of care; and (H) builds cultural and linguistic competency. (4) Increase the capacity of faculty to implement the curricula described in paragraph (3). (5) Develop or expand strategic partnerships to improve health outcomes for individuals from Tribal, rural, and medically underserved communities, including with— (A) federally recognized Tribes, Tribal colleges, and Tribal organizations; (B) Federally-qualified health centers; (C) rural health clinics; (D) Indian health programs; (E) primary care delivery sites and systems; and (F) other community-based organizations. (6) Develop a plan to track graduates’ chosen specialties for residency and the States in which such residency programs are located. (7) Develop, implement, and evaluate methods to improve recruitment and retention of medical students from Tribal, rural, and medically underserved communities. (8) Train and support instructors to serve Tribal, rural, and medically underserved communities. (9) Prepare medical students for transition into primary care residency training and future practice. (10) Provide scholarships to medical students. (e) Grant period A grant under this section shall be awarded for a period of not more than 5 years. (f) Grant amount Each fiscal year, the amount of a grant made to a public institution of higher education under this section shall be in amount that is not less than $1,000,000. (g) Matching requirement Each public institution of higher education that receives a grant under this section shall provide, from non-Federal sources, an amount equal to or greater than 10 percent of the total amount of Federal funds provided to the institution each fiscal year during the period of the grant (which may be provided in cash or in kind). (h) Definitions In this section: (1) Covered State The term covered State means a State that is in the top quartile of States by projected unmet demand for primary care providers, as determined by the Secretary. (2) Federally-qualified health center The term Federally-qualified health center has the meaning given such term in section 1905(l)(2)(B) of the Social Security Act. (3) Indian health program The term Indian health program has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965, provided that such institution is public in nature. (5) Medically underserved community The term medically underserved community has the meaning given such term in section 799B. (6) Rural health clinic The term rural health clinic has the meaning given such term in section 1861(aa) of the Social Security Act. (7) Rural population The term rural population means the population of a geographical area located— (A) in a non-metropolitan county; or (B) in a metropolitan county designated as rural by the Administrator of the Health Resources and Services Administration. (8) Tribal population The term Tribal population means the population of any Indian Tribe recognized by the Secretary of the Interior pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3497is/xml/BILLS-117s3497is.xml |
117-s-3498 | II 117th CONGRESS 2d Session S. 3498 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Kelly (for himself, Ms. Sinema , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support endemic fungal disease research, incentivize fungal vaccine development, discover new antifungal therapies and diagnostics, and for other purposes.
1. Short title (a) In general This Act may be cited as the Finding Orphan-disease Remedies With Antifungal Research and Development Act of 2022 or the FORWARD Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Continuing support for research on endemic fungal diseases. Sec. 3. Endemic fungal disease working group. Sec. 4. FDA guidance for industry on development of diagnostics and antifungal drugs and vaccines for Valley Fever. Sec. 5. Priority review; fast track product. Sec. 6. Priority review vouchers for products for prevention or treatment of endemic fungal diseases. Sec. 7. Combating antimicrobial resistance biopharmaceutical accelerator program. 2. Continuing support for research on endemic fungal diseases The Public Health Service Act is amended by inserting after section 447C of such Act ( 42 U.S.C. 285f–4 ) the following new section: 447D. Endemic fungal diseases (a) In general The Director of the Institute shall— (1) continue to conduct or support epidemiological, basic, translational, and clinical research related to endemic fungal diseases, including coccidioidomycosis (commonly known as and referred to in this section as Valley Fever ); and (2) subject to the availability of appropriations, make grants to, or enter into contracts with, public or nonprofit private entities to conduct such research. (b) Reports The Director of the Institute shall ensure that each triennial report under section 403 includes information on actions undertaken by the National Institutes of Health to carry out subsection (a) with respect to endemic fungal diseases, including Valley Fever. (c) Authorization of appropriations In addition to other amounts available for the purposes of carrying out this section, there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2022 through 2026 for such purpose. . 3. Endemic fungal disease working group (a) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group, to be known as the Endemic Fungal Disease Working Group (referred to in this section as the Working Group ), comprised of representatives of appropriate Federal agencies and other non-Federal entities— (1) to provide expertise and to review all efforts within the Department of Health and Human Services related to endemic fungal disease; (2) to help ensure interagency coordination and minimize overlap with respect to such disease; and (3) to examine research priorities with respect to such disease. (b) Responsibilities The Working Group shall— (1) not later than 2 years after the date of enactment of this Act, develop or update a summary of— (A) ongoing endemic fungal disease research, including research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, duration of illness, and intervention for individuals with an endemic fungal disease; (B) advances made pursuant to such research; (C) the impact of viral respiratory illnesses, including COVID–19, and fungal lung diseases and pneumonias; (D) Federal activities related to endemic fungal disease, including— (i) epidemiological activities related to endemic fungal disease; and (ii) basic, clinical, and translational endemic fungal disease research related to the pathogenesis, prevention, diagnosis, and treatment of endemic fungal disease; (E) gaps in endemic fungal disease research described in subparagraph (D)(ii); (F) the Working Group’s meetings required under subsection (d); and (G) the comments received by the Working Group; (2) make recommendations to the Secretary, including a proposed strategy related to development of therapeutics and vaccines, regarding any appropriate changes or improvements to such activities described in paragraph (1); and (3) in implementing this subsection, solicit input from States, localities, and nongovernmental entities, including organizations representing patients, health care providers, researchers, and industry regarding scientific advances, research questions, and surveillance activities. (c) Membership The members of the Working Group shall represent a diversity of scientific disciplines and views and shall be composed of the following members: (1) Federal members Seven Federal members, consisting of one or more representatives of each of the following: (A) The Office of the Assistant Secretary for Health. (B) The Food and Drug Administration. (C) The Centers for Disease Control and Prevention. (D) The National Institutes of Health. (E) Such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate. (2) Non-Federal public members Seven non-Federal public members, consisting of representatives of the following categories: (A) Physicians and other medical providers with experience in diagnosing and treating endemic fungal disease. (B) Scientists or researchers with expertise. (C) Patients and their family members. (D) Nonprofit organizations that advocate for patients with respect to endemic fungal disease. (E) Other individuals whose expertise is determined by the Secretary to be beneficial to the functioning of the Working Group. (d) Meetings The Working Group shall meet annually. (e) Reporting Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until termination of the Working Group pursuant to subsection (g), the Working Group shall— (1) submit a report on its activities under subsection (b)(1) and any recommendations under paragraph (b)(2) to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) make such report publicly available on the website of the Department of Health and Human Services. (f) Applicability of FACA The Working Group shall be treated as an advisory committee subject to the Federal Advisory Committee Act (5 U.S.C. App.). (g) Sunset The Working Group under this section shall terminate 5 years after the date of enactment of this Act. (h) Endemic fungal disease defined In this section, the term endemic fungal disease means blastomycosis, coccidioidomycosis, histoplasmosis, and sparotrichosis. 4. FDA guidance for industry on development of diagnostics and antifungal drugs and vaccines for Valley Fever (a) Draft guidance Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue draft guidance for industry for the purposes of assisting entities seeking approval under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or licensure under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) of antifungal therapies, diagnostics, or vaccines, specifically therapies, diagnostics, and vaccines designed to diagnose, treat, or prevent coccidioidomycosis (commonly known as Valley Fever). (b) Final guidance Not later than 18 months after the close of the public comment period on the draft guidance issued pursuant to subsection (a), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the draft guidance. (c) Workshops; good guidance practices In developing and issuing the guidance required by this section, the Secretary of Health and Human Services shall hold at least 2 public workshops. 5. Priority review; fast track product (a) Priority review (1) In general Section 524A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n–1(a) ) is amended by striking then the Secretary shall give priority review to the first application submitted for approval for such drug under section 505(b) and inserting or if the drug is a biological product intended to treat coccidioidomycosis, then the Secretary shall give priority review to the first application submitted for approval for such drug under section 505(b) of this Act or section 351(a) of the Public Health Service Act . (2) Applicability The amendment made by paragraph (1) applies only to any application submitted under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) on or after the date of enactment of this Act. (b) Fast track product Section 506(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(b)(1) ) is amended by striking or if the Secretary designates the drug as a qualified infectious disease product under section 505E(d) and inserting , if the Secretary designates the drug as a qualified infectious disease product under section 505E(d), or if the drug is a biological product intended to treat coccidioidomycosis . 6. Priority review vouchers for products for prevention or treatment of endemic fungal diseases Section 524(a)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n(a)(3) ) is amended— (1) by redesignating subparagraph (S) as subparagraph (T); and (2) by inserting after subparagraph (R) the following: (S) Coccidioidomycosis. . 7. Combating antimicrobial resistance biopharmaceutical accelerator program Paragraph (4) of section 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended by adding at the end the following: (G) Combating antimicrobial resistance biopharmaceutical accelerator program (i) In general The Secretary, acting through the Director of BARDA, shall implement strategic initiatives, to be known as the Combating Antimicrobial Resistance Biopharmaceutical Accelerator Program, including by building on existing programs and by awarding contracts, grants, and cooperative agreements, or entering into other transactions— (I) to optimize the use of antimicrobials in human and animal health settings; (II) to support innovative candidate products in preclinical and clinical development that reduce antimicrobial resistance; and (III) to support research with respect to infection prevention and control to slow the spread of resistant bacteria, fungi, and viruses. (ii) References Except as otherwise specified, any reference to the Combating Antibiotic Resistant Bacteria Biopharmaceutical Accelerator or the CARB-X program in any statute, Executive order, rule, regulation, directive, or other Federal document is deemed to be a reference to the Combating Antimicrobial Resistance Biopharmaceutical Accelerator Program under this subparagraph. (iii) Authorization of appropriations (I) In general To carry out the program under clause (i), there is authorized to be appropriated $500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (II) Requirement Of the amounts made available to carry out the program under clause (i) for the period of fiscal years 2022 through 2026, not less than 10 percent shall be used to support antifungal product development. . | https://www.govinfo.gov/content/pkg/BILLS-117s3498is/xml/BILLS-117s3498is.xml |
117-s-3499 | II 117th CONGRESS 2d Session S. 3499 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Post-Katrina Emergency Management Reform Act of 2006 to repeal certain obsolete requirements, and for other purposes.
1. Repeal of obsolete DHS contracting requirements The Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394) is amended by striking section 692 ( 6 U.S.C. 792 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3499is/xml/BILLS-117s3499is.xml |
117-s-3500 | II 117th CONGRESS 2d Session S. 3500 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Ms. Ernst (for herself, Mr. Daines , Mr. Cotton , Mr. Braun , Mr. Cramer , Mrs. Blackburn , Mr. Sasse , Mr. Boozman , Mr. Marshall , Mr. Thune , Mr. Hawley , Mr. Scott of Florida , Mr. Hagerty , Mr. Inhofe , Mr. Hoeven , Mr. Lankford , Mrs. Hyde-Smith , 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 and the Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes.
1. Short title This Act may be cited as the Ensuring Accurate and Complete Abortion Data Reporting Act of 2022 . 2. Findings Congress finds the following: (1) Reporting abortion data has been voluntary in the past, which has not resulted in complete data being submitted to the Centers for Disease Control and Prevention. (2) While the Centers for Disease Control and Prevention requests specific data points from each State and the District of Columbia, there is a great variety in the information collected and published by the States. (3) In fact, there is not a single abortion data point publicly reported for all 50 States and the District of Columbia. (4) Even more alarming, 3 States that together account for 15 percent of the United States population of women of childbearing age do not report any abortion data to the Centers for Disease Control and Prevention. (5) Accurate statistical data regarding abortion and those who survive abortion attempts is critical to public health and policy analysis. 3. Medicaid payments for certain family planning services and supplies contingent on submission of abortion data to CDC Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended— (1) in subsection (a)(5), by inserting before an amount equal to the following: subject to subsection (cc), ; and (2) by adding at the end the following new subsection: (cc) Annual reports on abortion data (1) In general Subject to paragraph (2), as a condition of receiving payment under subsection (a)(5) with respect to any amount expended during a year (beginning with the year following 2 years after the date of the enactment of this subsection) for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in section 1902(ii) or an individual whose medical assistance under this title is limited to such services and supplies furnished pursuant to a waiver granted under section 1115, each State shall, by not later than December 31 of the previous year, submit to the abortion surveillance system of the Centers for Disease Control and Prevention, with respect to the year before the previous year, at least abortion data regarding the mandatory questions described in section 317V(a)(3)(A) of the Public Health Service Act. (2) Late submission of reports With respect to a year, in the case of a State that does not submit by December 31 of the previous year the abortion data required under paragraph (1) with respect to the year before the previous year but submits such data by December 31 of the year, such State shall continue to receive payment, including retroactive payment, under subsection (a)(5) with respect to any amount expended during the year for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in such paragraph. (3) Certification of abortion data (A) In general With respect to each submission of abortion data under this subsection, a State shall certify to the Director of the Centers for Disease Control and Prevention that such data is accurate. (B) False information In the case that the Director of the Centers for Disease Control and Prevention determines that a State has knowingly provided false information with respect to a submission of abortion data under this subsection, such State may not receive payment under subsection (a)(5) with respect to any amount expended during the first full fiscal year following such determination for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in paragraph (1). . 4. Collection of abortion data by CDC The Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317V. Abortion data (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which— (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(bb) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary. (b) Variables The variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion. (c) Technical assistance The Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). (d) Annual reporting The Secretary shall— (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report. . | https://www.govinfo.gov/content/pkg/BILLS-117s3500is/xml/BILLS-117s3500is.xml |
117-s-3501 | II 117th CONGRESS 2d Session S. 3501 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Cassidy (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to issue a short-form terms of service summary statement, and for other purposes.
1. Short title This Act may be cited as the Terms-of-service Labeling, Design, and Readability Act or the TLDR Act . 2. Standard terms of service summary statement (a) Deadline for terms of service summary statement Not later than 360 days after the date of the enactment of this Act, the Commission shall issue a rule under section 553 of title 5, United States Code— (1) that requires a covered entity to include a short-form terms of service summary statement on the website of the entity; (2) that requires a covered entity to include graphic data flow diagram on the website of the entity and includes guidance for such diagram; and (3) that requires a covered entity to display the full terms of service of the entity in an interactive data format. (b) Requirements for short-Form terms of service summary statement (1) In general The short-form terms of service summary statement described in subsection (a)— (A) shall be easy to understand, machine readable, and may include tables, graphic icons, hyperlinks, or other means determined by the Commission; and (B) may be established separately depending on the interface or type of device on which the statement is being accessed by the user. (2) Location of summary statement and graphic data flow diagram The summary statement shall be placed at the top of the permanent terms of service page of the covered entity and any graphic data flow diagram shall be located immediately below the statement. (3) Contents of summary statement The summary statement shall disclose the following: (A) The effort required by a user to read the entire terms of service text, such as through the total word count and approximate time to read the statement. (B) The categories of sensitive information that the covered entity processes. (C) The sensitive information that is required for the basic functioning of the service and what sensitive information is needed for additional features and future feature development. (D) A summary of the legal liabilities of a user and any rights transferred from the user to the covered entity, such as mandatory arbitration, class action waiver, any licensing by the covered entity of the content of the user, and any waiver of moral rights. (E) Historical versions of the terms of service and change logs. (F) If the covered entity provides user deletion services, directions for how the user can delete sensitive information or discontinue the use of sensitive information. (G) A list of data breaches from the previous 3 years reported to consumers under existing Federal and State laws. (H) Anything else determined to be necessary by the Commission. (c) Guidance on graphic data flow diagrams Not later than 360 days after the date of the enactment of this Act, the Commission shall publish guidelines on how a covered entity can graphically display how sensitive information of a user is shared with a subsidiary or corporate affiliate of such the entity and how sensitive information is shared with third parties. (d) Interactive data format terms of service Not later than 360 days after the date of the enactment of this Act, the Commission shall issue a rule under section 553 of title 5, United States Code, that requires a covered entity to tag portions of the terms of services of the entity according to an interactive data format. (e) Enforcement (1) Unfair or deceptive acts or practices A violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of the commission The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section, and any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Enforcement by State Attorneys General In any case in which the attorney general of a State has reason to believe that an interest of at least 1,000 residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this section or a regulation promulgated under this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (4) Notice (A) In general Before filing an action under paragraph (3), the attorney general of the State involved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption (i) In general Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (5) Removal to Federal court The Commission may intervene in any action brought under paragraph (3) and remove the action to the appropriate United States district court. (f) Rule of construction Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (g) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered entity The term covered entity — (A) means any person that operates a website located on the internet or an online service, that is operated for commercial purposes; and (B) does not include a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (3) Interactive data format The term interactive data format means an electronic data format in which pieces of information are identified using an interactive data standard, such as eXtensible Markup Language (XML), that is a standardized list of electronic tags that mark the information described in section 2(b)(3) within the terms of service of a covered entity. (4) Sensitive information The term sensitive information means any of the following: (A) Health information. (B) Biometric information. (C) Precise geolocation information. (D) Social security number. (E) Information concerning the race, color, religion, national origin, sex, age, or disability of an individual. (F) The content and parties to a communication. (G) Audio and video recordings captured through a consumer device. (H) Financial information, including a bank account number, credit card number, debit card number, or insurance policy number. (I) Online browsing history related to the information described in subparagraphs (A) through (H). (5) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (6) Third party The term third party means, with respect to a covered entity, a person— (A) to whom the covered entity disclosed sensitive information; and (B) is not— (i) the covered entity; (ii) a subsidiary or corporate affiliate of the covered entity; or (iii) a service provider of the covered entity. | https://www.govinfo.gov/content/pkg/BILLS-117s3501is/xml/BILLS-117s3501is.xml |
117-s-3502 | II 117th CONGRESS 2d Session S. 3502 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Peters (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish an Office of Civil Rights, Equity, and Community Inclusion at the Federal Emergency Management Agency, and for other purposes.
1. Short title This Act may be cited as the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 . 2. Office of Civil Rights, Equity, and Community Inclusion (a) In general Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. ) is amended by adding at the end the following: 529. Office of Civil Rights, Equity, and Community Inclusion (a) Definitions In this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure, the Committee on Oversight and Reform, and the Committee on Homeland Security of the House of Representatives; (2) the term Director means the Director of the Office of Civil Rights, Equity, and Community Inclusion; (3) the term disaster assistance means assistance provided under titles IV and V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ); (4) the term Office means the Office of Civil Rights, Equity, and Community Inclusion; and (5) the term underserved community means— (A) the Native American and Alaskan Native community; (B) the African-American community; (C) the Asian community; (D) the Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin) community; (E) the Pacific Islander community; (F) the Middle Eastern and North African community; (G) a rural community; (H) a low-income community; (I) the disability community; and (J) any other historically disadvantaged community, as determined by the Director. (b) Office of Civil Rights, Equity, and Community Inclusion (1) In general The Office of Equal Rights of the Agency shall, on and after the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 , be known as the Office of Civil Rights, Equity, and Community Inclusion. (2) References Any reference to the Office of Equal Rights of the Agency in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office of Civil Rights, Equity, and Community Inclusion. (c) Director (1) In general The Office shall be headed by a Director, who shall report to the Administrator. (2) Requirement The Director shall have documented experience and expertise in civil rights, underserved community inclusion research, disaster preparedness, or resilience disparities elimination. (d) Purpose The purpose of the Office is to— (1) improve underserved community access to disaster assistance; (2) improve the quality of disaster assistance received by underserved communities; (3) eliminate racial, ethnic, and other underserved community disparities in the delivery of disaster assistance; and (4) carry out such other responsibilities of the Office of Equal Rights as in effect on the day before the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 , as determined appropriate by the Administrator. (e) Authorities and duties (1) In general The Director shall be responsible for— (A) improving— (i) underserved community access to disaster assistance before and after a disaster; and (ii) the quality of Agency assistance underserved communities receive; (B) reviewing preparedness, response, and recovery programs and activities of the Agency to ensure the elimination of underserved community disparities in the delivery of such programs and activities; and (C) carrying out such other responsibilities of the Office of Equal Rights as in effect on the day before the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 , as determined appropriate by the Administrator. (2) Reducing disparities in preparedness, response, and recovery (A) In general The Director shall develop measures to evaluate the effectiveness of the activities of program offices in the Agency and the activities of recipients aimed at reducing disparities in the services provided to underserved communities. (B) Requirement The measures developed under subparagraph (A) shall— (i) evaluate community outreach activities, language services, workforce cultural competence, historical assistance for grants and loans provided to individuals, State, local, tribal, and territorial governments, the effects of disaster declaration thresholds on underserved communities, the percentage of contracts awarded to underserved and minority-owned businesses, historical barriers to equitable assistance across race and class during and after disasters, and other areas, as determined by the Director; and (ii) identify the communities implicated in the evaluations conducted under clause (i). (C) Coordination with other offices In carrying out this section, the Director shall— (i) participate in scenario-based disaster response exercises at the Agency; (ii) coordinate with the Office of Minority Health of the Department of Health and Human Services; (iii) coordinate with the Office of Civil Rights of the Department of Agriculture; (iv) as appropriate, coordinate with other relevant offices across the Federal Government, including by leading a voluntary task force to address disaster response needs of underserved communities; (v) coordinate with the Office for Civil Rights and Civil Liberties of the Department; and (vi) investigate allegations of unequal disaster assistance based on race or ethnic origin or refer those allegations to the appropriate office. (f) Grants and contracts In carrying out this section, to further inclusion and engagement of underserved communities throughout preparedness, response, recovery, and mitigation and to eliminate racial, ethnic, and other underserved community disparities in the delivery of disaster assistance, as described in subsection (d), the Administrator shall— (1) administer and evaluate Agency programs and activities, including the programs and activities of recipients of preparedness, response, recovery, and mitigation grants and contracts, to— (A) further inclusion and engagement of underserved communities and underserved and minority-owned businesses; and (B) improve outcomes for underserved communities tied to Agency programs and activities; and (2) establish an underserved community initiative to award grants to, and enter into cooperative agreements and contracts with, nonprofit entities. (g) Disability coordinator (1) In general There shall be within the Office a Disability Coordinator to ensure that the needs of individuals with disabilities are being properly addressed by proactively engaging with disability and underserved communities and State, local, and tribal governments in emergency preparedness and disaster relief. (2) Responsibilities The Disability Coordinator shall be responsible for— (A) providing guidance and coordination on matters relating to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (B) interacting with the staff of the Agency, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order 13347 ( 6 U.S.C. 314 note; relating to individuals with disabilities in emergency preparedness), other agencies of the Federal Government, and State, local, and tribal government authorities relating to the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (C) consulting with stakeholders that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (D) ensuring the coordination and dissemination of best practices and model evacuation plans and sheltering for individuals with disabilities; (E) ensuring the development of training materials and a curriculum for training emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities; (F) promoting the accessibility of telephone hotlines and websites relating to emergency preparedness, evacuations, and disaster relief; (G) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; (H) providing guidance to State, local, and tribal government officials and other individuals, and implementing policies, relating to the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (I) providing guidance and implementing policies to external stakeholders to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; (J) ensuring that meeting the needs of individuals with disabilities is a component of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 744 ); (K) coordinate technical assistance for Agency programs based on input from underserved communities through a designee of the Director; and (L) any other duties assigned by the Director. (h) Reports (1) In general Not later than 1 year after the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 , and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report describing the activities carried out under this section during the period for which the report is being prepared. (2) Contents Each report submitted under paragraph (1) shall include— (A) a narrative on activities conducted by the Office, including a description of outreach and consultation efforts with advocacy organizations and human resource providers; (B) the results of the measures developed to evaluate the effectiveness of activities aimed at reducing preparedness, response, and recovery disparities; and (C) the number and types of allegations of unequal disaster assistance investigated by the Director or referred to other appropriate offices. (i) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . (b) Office of Disability Coordinator Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. ) is amended by striking section 513 ( 6 U.S.C. 321b ). (c) Technical and conforming amendments The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended— (1) by striking the item relating to section 513 ( 6 U.S.C. 321b ); and (2) by inserting after the item relating to section 528 the following: Sec. 529. Office of Civil Rights, Equity, and Community Inclusion. . (d) COVID–19 response (1) In general During the period of time for which there is a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) declared with respect to COVID–19, the Director of the Office of Civil Rights, Equity, and Community Inclusion shall regularly consult with State, local, territorial, and Tribal government officials and community-based organizations from underserved communities the Office of Civil Rights, Equity, and Community Inclusion identifies as disproportionately impacted by COVID–19. (2) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any consultation conducted under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3502is/xml/BILLS-117s3502is.xml |
117-s-3503 | II 117th CONGRESS 2d Session S. 3503 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Kennedy (for himself, Ms. Smith , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to expand access to capital for rural-area small businesses, and for other purposes.
1. Short title This Act may be cited as the Expanding Access to Capital for Rural Job Creators Act . 2. Access to capital for rural-area small businesses Section 4(j) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d(j) ) is amended— (1) in paragraph (4)(C), by inserting rural-area small businesses, after women-owned small businesses, ; and (2) in paragraph (6)(B)(iii), by inserting rural-area small businesses, after women-owned small businesses, . | https://www.govinfo.gov/content/pkg/BILLS-117s3503is/xml/BILLS-117s3503is.xml |
117-s-3504 | II 117th CONGRESS 2d Session S. 3504 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Ethics in Government Act of 1978 to prohibit transactions involving certain financial instruments by Members of Congress.
1. Short title This Act may be cited as the Banning Insider Trading in Congress Act . 2. Banning insider trading in Congress (a) In general The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following: II Banning insider trading in Congress 201. Definitions In this title: (1) Covered financial instrument (A) In general The term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions The term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress The term Member of Congress has the meaning given the term in section 109. (3) Qualified blind trust The term qualified blind trust has the meaning given the term in section 102(f)(3). (4) Supervising ethics committee The term supervising ethics committee means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. 202. Prohibition on certain transactions and holdings involving covered financial instruments (a) Prohibition Except as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions The prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Banning Insider Trading in Congress Act , 180 days after that date of enactment; and (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Banning Insider Trading in Congress Act , 180 days after the first date of the initial term of service; or (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties (1) Disgorgement A Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Fines A Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 204. 203. Certification of compliance (a) In general Not less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this title. (b) Publication The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. 204. Authority of supervising ethics committees (a) In general The supervising ethics committees may implement and enforce the requirements of this title, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this title, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 203(a); and (3) assessing civil fines against any Member of Congress who is in violation of this title, subject to subsection (b). (b) Requirements for civil fines (1) In general Before imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this title. (2) Publication Each supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal A Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion. 205. Audit by Government Accountability Office Not later than 2 years after the date of enactment of the Banning Insider Trading in Congress Act , the Comptroller General of the United States shall— (1) conduct an audit of the compliance by Members of Congress with the requirements of this title; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1). . (b) Conforming amendments (1) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in the matter preceding paragraph (1), by striking For the purposes of this title, the term— and inserting In this title: ; (B) in paragraph (1), by striking means and all that follows through Representatives; and inserting the following: means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. ; (C) in each of paragraphs (2) through (17), by striking the semicolon at the end of the paragraph and inserting a period; (D) in paragraph (18)— (i) in subparagraph (B), by striking Standards of Official Conduct and inserting Ethics ; and (ii) in subparagraph (D), by striking ; and at the end and inserting a period; (E) in each of paragraphs (1) through (19)— (i) by inserting The term after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which is comprised of the term defined in that paragraph; and (F) by redesignating paragraphs (8) and (9) as paragraphs (9) and (8), respectively, and moving the paragraphs so as to appear in numerical order. (2) Section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (9), by striking as defined under section 109(12) ; (B) in paragraph (10), by striking as defined under section 109(13) ; (C) in paragraph (11), by striking as defined under section 109(10) ; and (D) in paragraph (12), by striking as defined under section 109(8) . (3) Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (j)(1), by striking Standards of Official Conduct and inserting Ethics ; and (B) in subsection ( l )— (i) in paragraph (9), by striking , as defined under section 109(12) ; and (ii) in paragraph (10), by striking , as defined under section 109(13) . (4) Section 105(b)(3)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking described in section 109(8) or 109(10) of this Act and inserting who is a judicial employee or judicial officer . (5) Section 111(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (6) Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (b), by striking title II of each place it appears; and (B) in subsection (f)(2)(B)— (i) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (ii) by striking clause (iv). (7) Section 503(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (8) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.) and inserting officer or employee of the Congress (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) . (9) Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(11) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(8) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (ii) in subparagraph (C), by striking under section 109(10) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(10) ) and inserting in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) . | https://www.govinfo.gov/content/pkg/BILLS-117s3504is/xml/BILLS-117s3504is.xml |
117-s-3505 | II 117th CONGRESS 2d Session S. 3505 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Merkley (for himself, Mr. Wicker , Mrs. Murray , Mr. Boozman , Ms. Stabenow , Mrs. Gillibrand , and Ms. Klobuchar ) 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 exclude certain Nurse Corps payments from gross income.
1. Short title This Act may be cited as the Nurse Corps Tax Parity Act of 2022 . 2. Tax treatment of certain Nurse Corps payments (a) In general Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking 338B(g) and inserting 338B(g) or 846 . (b) Qualified scholarships Subparagraph (A) of section 117(c)(2) of the Internal Revenue Code of 1986 is amended by striking the Public Health Service Act and inserting the Public Health Service Act or the scholarship program under section 846 of such Act . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3505is/xml/BILLS-117s3505is.xml |
117-s-3506 | II 117th CONGRESS 2d Session S. 3506 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Ms. Smith (for herself, Ms. Collins , Mr. Booker , 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 strengthen the public health workforce loan repayment program, and for other purposes.
1. Short title This Act may be cited as the Strengthening the Public Health Workforce Act . 2. Public health workforce loan repayment program Section 776 of the Public Health Service Act ( 42 U.S.C. 295f–1 ) is amended— (1) in subsection (a)— (A) by striking supply of and inserting supply of, and encourage recruitment and retention of, ; and (B) by striking Federal, ; (2) in subsection (b)— (A) by amending paragraph (1)(A) to read as follows: (1) (A) (i) be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education or school of public health in the final semester (or equivalent) of a program leading to a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or other subject matter related to public health; and (ii) be employed by or have accepted employment with a State, local, or Tribal public health agency, or a related training fellowship at such State, local, or Tribal public health agency, as recognized by the Secretary, to commence upon graduation; or ; and (B) in paragraph (1)(B)— (i) in clause (i)— (I) by striking accredited educational institution in a State or territory and inserting accredited institution of higher education or school of public health ; and (II) by striking a public health or health professions degree or certificate and inserting a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or other subject matter related to public health ; and (ii) in clause (ii)— (I) by striking Federal, ; and (II) by striking fellowship, and inserting fellowship at such State, local, or Tribal public health agency, ; (3) in subsection (c)(2)— (A) by striking Federal, ; and (B) by striking equal to the greater of— and all that follows through the end of subparagraph (B) and inserting of at least 2 consecutive years; ; (4) in subsection (d)— (A) by amending paragraph (1) to read as follows: (1) In general A loan repayment provided for an individual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), for the individual toward the outstanding principal and interest on education loans incurred by the individual in the pursuit of the relevant degree or certificate described in subsection (b)(1) in accordance with the terms of the contract. ; and (B) in paragraph (2)— (i) by striking For each year and inserting the following: (A) In general For each year ; (ii) by striking $35,000 and inserting $50,000 ; (iii) by striking $105,000 and inserting $150,000 ; and (iv) by adding at the end the following: (B) Considerations The Secretary may take action in making awards under this section to ensure that— (i) an appropriate proportion of contracts are awarded to individuals who are eligible to participate in the Program pursuant to subsection (b)(1)(A); and (ii) contracts awarded under this section are equitably distributed among— (I) the geographical regions of the United States; (II) local, State, and Tribal public health departments; and (III) such public health departments under subclause (II) serving rural and urban areas. ; (5) in subsection (e), by striking receiving a degree or certificate from a health professions or other related school and inserting with a contract to serve under subsection (c) ; (6) in subsection (f), by adding at the end the following: In the event that a participant fails to either begin or complete the obligated service requirement of the loan repayment contract under this section, the Secretary may waive or suspend either the unfulfilled service or the assessed damages as provided for under section 338E(d), as appropriate. ; (7) by redesignating subsection (g) as subsection (h); (8) by inserting after subsection (f) the following: (g) Eligible loans The loans eligible for repayment under this section are each of the following: (1) Any loan for education or training for employment by a health department. (2) Any loan under part E of title VIII (relating to nursing student loans). (3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (5) Any other Federal loan, as the Secretary determines appropriate. ; (9) in subsection (h), as so redesignated, by striking $195,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2015 and inserting such sums as may be necessary for each of fiscal years 2023 through 2025 ; and (10) by striking tribal each place such term appears and inserting Tribal . 3. GAO study on public health workforce (a) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of what is known about the public health workforce in the United States during the COVID–19 pandemic, which shall address— (A) existing gaps in the Federal, State, local, Tribal, and territorial public health workforce, including positions that may be required to prevent, prepare for, and respond to, a public health emergency such as COVID–19; (B) challenges associated with the hiring, recruitment, and retention of the Federal, State, local, Tribal, and territorial public health workforce; and (C) recommended steps to improve hiring, recruitment, and retention of the public health workforce; and (2) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on such review. | https://www.govinfo.gov/content/pkg/BILLS-117s3506is/xml/BILLS-117s3506is.xml |
117-s-3507 | II 117th CONGRESS 2d Session S. 3507 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Markey (for himself, Ms. Smith , Ms. Duckworth , Mr. Durbin , Mr. Blumenthal , Ms. Warren , Mr. Bennet , Mr. Sanders , Mr. Van Hollen , Mr. Whitehouse , Mrs. Murray , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To improve air quality management and the safety of communities using the best available monitoring technology and data.
1. Short title This Act may be cited as the Technology Assessment for Air Quality Management Act of 2022 . 2. Findings Congress finds that— (1) the Environmental Protection Agency has not established a process to consistently gather information on local air quality monitoring systems across the United States; (2) it is not yet clear how newer air sensor technologies should be deployed to provide the most benefit, nor how the data should be interpreted; (3) despite national progress on reducing air pollution, more than 40 percent of people in the United States live in places with unhealthy levels of ozone or particle pollution; (4) people of color, Indigenous people, and low-income communities bear disproportionately higher exposures and health burdens due to air pollution; (5) air quality can vary up to 800 percent from block to block within a single neighborhood; and (6) existing methods that are prescribed for basin-wide air quality monitoring— (A) are cost-prohibitive for monitoring community-scale air quality; and (B) do not, as of the date of enactment of this Act, measure the intrinsic variability of persistently poor air quality in environmental justice communities at the neighborhood block level. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Air pollutant The term air pollutant means— (A) a criteria pollutant for which there are national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) and the precursors to such a pollutant, including ammonia and volatile organic compounds (as defined in section 51.100 of title 40, Code of Federal Regulations (or successor regulations)); (B) a hazardous air pollutant (as defined in section 112(a) of that Act ( 42 U.S.C. 7412(a) )); and (C) a greenhouse gas. (3) Area source The term area source has the meaning given the term in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) ). (4) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, natural origin, or income, in the development, implementation, and enforcement of environmental laws (including regulations) and policies to ensure that each person enjoys— (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action relating to the development, implementation, and enforcement of environmental laws (including regulations) and policies for the purpose of having a healthy environment in which to live, learn, work, and recreate. (5) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (6) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Hydrofluorocarbons. (E) Perfluorocarbons. (F) Sulfur hexafluoride. (7) Hyperlocal air quality monitoring system The term hyperlocal air quality monitoring system means a method of monitoring ambient air quality, greenhouse gases, and co-pollutants and detecting the presence of other air pollutants that— (A) yields frequently repeated, ongoing measurements of air pollutants at a geographic scale that is— (i) as small as practicable to identify communities; and (ii) not larger than that of a census tract; and (B) identifies hotspots of persistent elevated levels of air pollutants localized to, and caused by the characteristics of, a specific geographic location. (8) Hyperlocal data (A) In general The term hyperlocal data means the results returned by a hyperlocal air quality monitoring system. (B) Inclusions The term hyperlocal data may include data on— (i) the health impacts of air pollution; and (ii) sources of pollution. (9) Indirect source The term indirect source has the meaning given the term in section 110(a)(5)(C) of the Clean Air Act ( 42 U.S.C. 7410(a)(5)(C) ). (10) Major source The term major source has the meaning given the term in section 501 of the Clean Air Act ( 42 U.S.C. 7661 ). (11) Relevant committees of Congress The term relevant committees of Congress means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. 4. Compendium of air quality monitoring technologies and uses of air quality insights Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall update the Air Sensor Toolbox of the Environmental Protection Agency or an equivalent online, publicly available compendium— (1) to describe all types of common air quality monitor technologies, which may include— (A) Federal Reference Method or Federal Equivalent Method monitors; (B) mobile monitoring platforms; (C) low-cost stationary monitors; (D) satellite sensors and surface monitors; (E) fenceline monitoring instruments; (F) high-resolution cameras; and (G) other technologies, as determined to be appropriate by the Administrator; (2) to describe the uses of the data associated with the types of common air quality monitor technologies described under paragraph (1); (3) to update and describe the advantages and limitations of monitoring technologies with respect to different air quality management applications, which may include— (A) the costs and ease of purchase, installation, operation, and maintenance of monitors; (B) air pollutant or air pollutants monitored; (C) spatial resolution; (D) temporal resolution; (E) frequency of data collection by monitors; (F) data quality and data processing needs; and (G) compatibility, accessibility, and ease of use of a type of monitor with online databases; (4) to describe— (A) potential incongruities in air quality monitor measurements and reference methods; and (B) relevant insights with respect to hyperlocal data, despite the potential incongruities described in subparagraph (A); (5) to describe the availability of, and how to access, data on— (A) the location and nature of likely sources of air pollution, including major sources, area sources, and indirect sources; and (B) potential health impacts that may result from air pollution exposure; (6) to connect and integrate the Air Sensor Toolbox or equivalent compendium with the EJSCREEN mapping tool of the Environmental Protection Agency, the Environmental Information Exchange Network, and other relevant Federal, State, and local environmental justice mapping and screening tools— (A) to inform communities and local air agencies of local air pollution concerns; (B) to address— (i) the multiple and cumulative exposures identified in environmental human health analyses under section 3–301(b) of Executive Order 12898 ( 42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations); and (ii) any exclusion from participation in, denial of and the benefits of, or discrimination under programs and activities receiving Federal financial assistance on the ground of race, color, or national origin, as prohibited under section 601 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d ); and (C) to strengthen hyperlocal air quality monitoring systems, air quality data visualization, and hyperlocal data integration into decisionmaking; and (7) to describe how to integrate air quality monitoring technologies and data across spatial and temporal scales to improve quantitative use of low-cost sensors, satellite sensors, and other technologies. 5. Air Quality Technology Working Group (a) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Air Quality Technology Working Group (referred to in this section as the Working Group ). (2) Membership The Working Group shall consist of 30 members, including— (A) 1 representative from each Regional Office of the Environmental Protection Agency; (B) not less than 1 representative with a demonstrated record of experience with device installation, operation, maintenance, and calibration of different air quality monitoring approaches; (C) not less than 3 representatives with demonstrated records of experience in data science as it pertains to using measurements from monitoring technologies to develop air quality insights for environmental justice and associated air quality monitoring applications; (D) not less than 3 representatives of environmental justice community-based organizations, coalitions, networks, or alliances with experience in using new technologies to assess and address air pollution in the communities of those environmental justice community-based organizations, coalitions, networks, or alliances; (E) not less than 1 representative with a demonstrated record of experience in outreach and engagement with environmental justice communities; (F) not less than 1 representative from a Federal air agency; (G) not less than 1 representative from a State air agency; (H) not less than 1 representative from a local air agency; (I) not less than 1 representative from a Tribal air agency; (J) not less than 2 representatives that— (i) are— (I) from public health departments; or (II) public health scientists; and (ii) have a demonstrated record of experience with translating information collected from monitoring technologies into health insights for environmental justice applications and air quality management; and (K) not less than 1 representative from the air quality technology industry. (b) Monitoring system template Not later than 1 year after the date on which the Working Group is established under subsection (a)(1), the Working Group shall develop and submit to the relevant committees of Congress a report that includes— (1) templates for integrated air quality monitoring systems ranging in cost estimates, population sizes of communities served, atmospheric dispersion dynamics of air pollutants, and other relevant parameters, as determined to be appropriate by the Working Group, that provide a holistic understanding of local air pollutant measurements across time, which may incorporate— (A) 1 or more in-situ monitors; (B) 1 or more satellite sensors; (C) computer modeling; (D) multipollutant monitoring options; (E) single pollutant monitoring options; and (F) data collection, interpretation, and reporting to relevant Federal, State, local, and Tribal air agencies; (2) a description of the costs and capacity needs associated with the integrated air quality monitoring systems described under paragraph (1), including— (A) costs of purchase, operation, maintenance, and calibration of monitor technologies; (B) workforce needs; (C) data infrastructure needs; and (D) any other needs, as determined to be appropriate by the Administrator; and (3) technology modernization targets for upgrades to integrated air quality monitoring stations. 6. National infrastructure inventory (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in coordination with the Environmental Protection Agency, shall carry out a study to inventory national air quality monitoring infrastructure by documenting— (1) locations, operation statuses, frequencies of data return, and dates of installation of Federal air quality monitors; (2) the number of people living within 1/2 mile of Federal air quality monitors that continuously return data; (3) in coordination with Regional Offices of the Environmental Protection Agency, and State, local, and Tribal air agencies, the locations, operation statuses, and dates of installation of additional air quality monitors that are managed by State, local, and Tribal air agencies; (4) data infrastructure and online platforms that are associated with datasets collected by Federal, State, local, and Tribal air quality monitors that are documented under paragraphs (1) and (3); and (5) existing workforce capacity and needs across Federal, State, local, and Tribal levels. (b) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the relevant committees of Congress a report that includes— (1) a description of the study carried out under subsection (a); (2) a description of the results of that study; (3) a map of high-priority areas for air quality monitor deployment, based on factors such as proximity to or effects on environmental justice communities, discrepancies between monitor readings and satellite or low-cost sensor readings, proliferation of pollution sources, and the lack of existing Federal Reference Method or Federal Equivalent Method monitors; and (4) recommendations for legislative and regulatory action that would facilitate more effective and targeted air quality management across scales, which may include— (A) monitor placement; (B) monitor accuracy; (C) integration of monitor, modeling, and satellite technologies; (D) methods for hyperlocal monitoring; (E) information gathering and sharing; and (F) maintenance and regular upgrades to monitors and data infrastructure. 7. Authorization of appropriations There is authorized to be appropriated to the Administrator $11,000,000 for each of fiscal years 2023 through 2027 for the purposes of— (1) carrying out this Act; and (2) establishing 8 new full-time equivalent positions to assist the Administrator in carrying out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3507is/xml/BILLS-117s3507is.xml |
117-s-3508 | II 117th CONGRESS 2d Session S. 3508 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Blumenthal (for himself, Mr. Schumer , Mr. Heinrich , Ms. Hirono , Ms. Smith , Ms. Klobuchar , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a congressional gold medal to Constance Baker Motley.
1. Short title This Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2022 . 2. Findings Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the LDF ), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley’s only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel W. Motley III, 3 grandchildren, and nieces and nephews in Connecticut and in other States. (15) September 14, 2021, was the 100th anniversary of the birth of Constance Baker Motley. 3. Congressional gold medal (a) Presentation authorized The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. National medals (a) National medal The medal struck under section 3 is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3508is/xml/BILLS-117s3508is.xml |
117-s-3509 | II 117th CONGRESS 2d Session S. 3509 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Braun (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen the authority of the Food and Drug Administration with respect to foreign drug facility inspections.
1. Short title This Act may be cited as the Creating Efficiency in Foreign Facility Inspections Act . 2. Strengthening foreign drug facility inspections Section 704 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374 ) is amended by adding at the end the following: (i) (1) When the Secretary, and officers or employees duly designated by the Secretary, conduct inspections under this section of establishments engaged in the manufacturing, processing, packing, or holding of drugs that are located outside of the United States, the Secretary shall not notify the owner or operator of such establishment of the planned inspection before the inspection occurs unless— (A) notification to the establishment owner or operator in advance of an inspection is mandated under the laws of the country where the establishment is located, in which case, the Secretary shall provide not more than the minimum advanced notice so mandated; or (B) the Secretary determines that notification to the establishment owner or operator in advance of an inspection is needed to protect the public health. (2) (A) With respect to all inspections described in paragraph (1), the Secretary shall attempt to minimize the time between advance notification to an establishment owner or operator and the conduct of a surveillance inspection. (B) If the Secretary determines that notification to an owner or operator of a foreign establishment of an inspection in advance of a surveillance inspection pursuant to paragraph (1)(B) is needed, the Secretary shall provide such notification only as far in advance as is needed to protect the public health. (3) If an establishment is located in a country that, on or after the date of enactment of this subsection, enacts a law that prevents the Secretary from carrying out inspections as described in this subsection, the manufacturer shall agree to waive any right to enforce any advanced-notice requirement pursuant to such a law, to the extent expressly permitted under applicable local law. If the manufacturer does not agree to such a waiver, the manufacturer shall be deemed to have refused to permit entry or inspection in violation of section 301(f). (4) The requirement of paragraph (1) shall not apply to preapproval, prelicensure, or for-cause inspections. . | https://www.govinfo.gov/content/pkg/BILLS-117s3509is/xml/BILLS-117s3509is.xml |
117-s-3510 | II 117th CONGRESS 2d Session S. 3510 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Peters (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Management and Budget to issue guidance with respect to natural disaster resilience, and for other purposes.
1. Short title This Act may be cited as the Disaster Resiliency Planning Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (2) Agency The term agency has the meaning given the term in section 306 of title 5, United States Code. (3) Director The term Director means the Director of the Office of Management and Budget. 3. Guidance (a) In general Not later than 180 days after the date of enactment of this Act, the Director shall establish guidance requiring the head of each agency to incorporate natural disaster resilience into asset management and investment decisions made by the agency. (b) Contents The guidance required under subsection (a) shall direct each head of an agency to incorporate assessments of natural disaster risk information conducted by the agency, such as from vulnerability and other risk assessments, into asset management investment decisions made by the agency. (c) Modification The Director may periodically update the guidance required under subsection (a) as the Director may determine necessary for the purpose of further enhancing natural disaster resilience. (d) Consultation In developing the guidance required under subsection (a), the Director may consult with appropriate entities, including— (1) the Comptroller General of the United States; (2) Administrator of the Federal Emergency Management Agency; and (3) any other relevant entities, as determined by the Director. (e) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report that describes the guidance required under subsection (a). (2) Briefing Not later than 2 years after the date of enactment of this Act, the Director shall brief the appropriate congressional committees on the implementation of the guidance required under subsection (a) across agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s3510is/xml/BILLS-117s3510is.xml |
117-s-3511 | II 117th CONGRESS 2d Session S. 3511 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require a report on Federal support to the cybersecurity of commercial satellite systems, and for other purposes.
1. Short title This Act may be cited as the Satellite Cybersecurity Act . 2. Definitions In this Act: (1) Commercial satellite system The term commercial satellite system means an earth satellite owned and operated by a non-Federal entity. (2) Critical infrastructure The term critical infrastructure has the meaning given the term in subsection (e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (3) Cybersecurity risk The term cybersecurity risk has the meaning given the term in section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ). (4) Cybersecurity threat The term cybersecurity threat has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). 3. Report on commercial satellite cybersecurity (a) Study The Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on the study conducted under subsection (a), which shall include information on— (1) the effectiveness of efforts of the Federal Government in improving the cybersecurity of commercial satellite systems; (2) the resources made available to the public by Federal agencies to address cybersecurity threats to commercial satellite systems; (3) the extent to which commercial satellite systems are reliant on or are relied on by critical infrastructure and an analysis of how commercial satellite systems, and the threats to such systems, are integrated into Federal and non-Federal critical infrastructure risk analyses and protection plans; (4) the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems; and (5) the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems. (c) Consultation In carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with— (1) the Secretary of Homeland Security; (2) the Director of the National Institute of Standards and Technology; (3) the Secretary of Defense; (4) the Federal Communications Commission; (5) the National Oceanic and Atmospheric Administration; (6) the National Aeronautics and Space Administration; (7) the Federal Aviation Administration; and (8) the head of any other Federal agency determined appropriate by the Comptroller General of the United States. 4. Responsibilities of the Cybersecurity and Infrastructure Security Agency (a) Definitions In this section: (1) Clearinghouse The term clearinghouse means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under subsection (b)(1). (2) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (3) Small business concern The term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Establishment of commercial satellite system cybersecurity clearinghouse (1) In general Not later than 180 days after the date of enactment of this Act, the Director shall develop and maintain a commercial satellite system cybersecurity clearinghouse. (2) Requirements The clearinghouse shall— (A) be publicly available online; (B) contain publicly available commercial satellite system cybersecurity resources, including the recommendations developed under subsection (c), and any other materials developed by entities in the Federal Government, for reference by entities that develop commercial satellite systems; and (C) include materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems. (3) Content maintenance The Director shall maintain current and relevant cybersecurity information on the clearinghouse. (4) Existing platform or website The Director may establish and maintain the clearinghouse on an online platform or a website that is in existence as of the date of enactment of this Act. (c) Development of commercial satellite system cybersecurity recommendations (1) In general The Director shall develop voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (2) Requirements The recommendations required under paragraph (1) shall include materials addressing the following: (A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident. (C) Protection against unauthorized access to vital commercial satellite system functions. (D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, and telemetry receiver systems. (E) Protection against communications jamming and spoofing. (F) Security against threats throughout a commercial satellite system’s mission lifetime. (G) Management of supply chain risks that affect cybersecurity of commercial satellite systems. (H) As appropriate, the findings and recommendations from the study conducted by the Comptroller General of the United States under section 3(a). (I) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems. (d) Consultation With respect to the collation and development of clearinghouse content under subsection (b)(2) and the recommendations developed pursuant to subsection (c), the Director shall consult with— (1) the heads of appropriate Federal agencies with expertise and experience in satellite operations; and (2) non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems. | https://www.govinfo.gov/content/pkg/BILLS-117s3511is/xml/BILLS-117s3511is.xml |
117-s-3512 | II 117th CONGRESS 2d Session S. 3512 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Scott of Florida (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish an advisory group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal, and for other purposes.
1. Short title This Act may be cited as the Disaster Contract Improvement Act . 2. Oversight on debris removal (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Debris removal program The term debris removal program means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5173 ). (b) Advisory working group (1) In general The Administrator shall establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal. (2) Membership The advisory working group established under paragraph (1) shall be comprised of— (A) representatives from the Federal Emergency Management Agency; (B) representatives from the Army Corps of Engineers; (C) representatives of States and units of local government; and (D) subject matter experts in debris removal, including not less than 1 representative from the debris services contractor industry. (c) Guidance Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the advisory working group established under subsection (b)(1), shall— (1) determine whether guidance and procedures in effect as of the date of enactment of this Act with respect to the oversight and cost of debris removal contracts entered into under the debris removal program are sufficient; and (2) if the Administrator, in consultation with the advisory working group established under subsection (b)(1), determines that the guidance and procedures described in paragraph (1) are insufficient, develop and implement additional such guidance and procedures, including— (A) a requirement that each State and unit of local government receiving a grant under the debris removal program take the primary role in the oversight function of debris removal; (B) guidance for State and local debris monitors relating to debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, sample bids, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) a list of the specific debris removal monitoring responsibilities expected to be completed by a State that receives a grant under the debris removal grant program; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a grant under the debris removal grant program; and (F) guidance for State and units of local government to reduce duplication and inefficiency in debris removal contracting across the Federal Government, State governments, and units of local government. (d) Training The Administrator shall conduct outreach to States, Tribal governments, and units of local government with respect to any guidance or support materials developed under this section. (e) GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study that— (1) studies the use and adoption rate of advance contracts for debris removal by States and units of local government; (2) identifies the benefits of advance contracts for debris removal; (3) with respect to the reporting and information sharing processes, as of the date of enactment of this Act, for advance contracts for debris removal between States and units of local government and Federal partners— (A) assesses those processes; and (B) makes any necessary recommendations for those processes; (4) studies— (A) the process for setting Federal reimbursement rates for the debris removal program; (B) the use of penalties, as of the date of enactment of this Act, for violations of law and regulations relating to debris removal; and (C) fraud, waste, and abuse relating to the debris removal program, including case studies; and (5) recommends improvements to oversight and fraud prevention across the debris removal program. | https://www.govinfo.gov/content/pkg/BILLS-117s3512is/xml/BILLS-117s3512is.xml |
117-s-3513 | II 117th CONGRESS 2d Session S. 3513 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose additional sanctions with respect to the Russian Federation if the Government of the Russian Federation infringes on the territorial integrity of Ukraine, and for other purposes.
1. Short title This Act may be cited as the Deterring Authoritarian Hostilities Act of 2022 . 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) 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 ). (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, the Select Committee on Intelligence, and the Committee on Rules and Administration of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, the Permanent Select Committee on Intelligence, and the Committee on House Administration of the House of Representatives. (4) Appropriate congressional committees and leadership The term appropriate congressional committees and leadership means— (A) the appropriate congressional committees; (B) the majority leader and minority leader of the Senate; and (C) the Speaker, the majority leader, and the minority leader of the House of Representatives. (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (7) Foreign person The term foreign person means a person that is not a United States person. (8) Good The term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (9) Person The term person means individual or entity. (10) 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 of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) a person in the United States. 3. Imposition of sanctions with respect to Nord Stream 2 AG Not later than 30 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 Support for 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. 4. Assessment of infringement of territorial integrity of Ukraine by Russian Federation (a) Assessment required (1) In general Not later than 20 days after the date of the enactment of this Act, and every 20 days thereafter, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency, the Secretary of State, and the Secretary of Defense, shall transmit to the appropriate congressional committees and leadership an assessment of whether or not the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged, in the preceding 20-day period, in any act that infringes on the integrity of the territory of Ukraine (as in existence on the day before the date of the enactment of this Act). (2) Form The assessment required by paragraph (1) shall be submitted in an unclassified form, but any supporting information may be submitted in a classified annex. (b) Effect of assessment If the Director of National Intelligence assesses under subsection (a) that the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged, in the preceding 20-day period, in any act described in subsection (a)(1), the President shall impose the sanctions described in section 5. (c) Congressional requests Not later than 10 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether the Government of the Russian Federation, or any foreign person acting as an agent for or on behalf of that Government, has engaged in an act described in subsection (a)(1), the President shall— (1) determine if the Government of the Russian Federation has engaged in such an act; and (2) submit a classified or unclassified report to the committee the chairman or ranking member of which submitted the request with respect to that determination that includes a statement of whether or not the President imposed, or intends to impose, sanctions described section 5. 5. Imposition of sanctions (a) In general On and after the date on which the Director of National Intelligence assesses under section 4 that the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged in an act that infringes on the territorial integrity of Ukraine, the President shall impose the sanctions described in subsection (c) with respect to a foreign person described in subsection (b). (b) Foreign persons described A foreign person described in this subsection is a foreign person that the Secretary of the Treasury, in consultation with the Secretary of State, determines— (1) (A) operates in— (i) the energy, financial, mining, or aerospace sectors of the economy of the Russian Federation; or (ii) any other sector of the economy of the Russian Federation determined by the Secretary of the Treasury, in consultation with the Secretary of State, to support actions or policies that threaten the peace, security, or stability of Ukraine or any other state actor; (B) has directly or indirectly engaged, or attempted to engage, in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A); or (C) has knowingly engaged in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A); (2) (A) is the President, the Prime Minister, the Minister of Defense, or the Ministry of Defense of the Government of the Russian Federation; or (B) is any entity controlled in whole or in part by an person described subparagraph (A) or a successor to such an entity that benefits the military of the Russian Federation; or (3) is a senior foreign political figure or oligarch in the Russian Federation identified in the report required by section 241(a) of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 922); (4) knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14024 ( 50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation) or this Act; (5) is an adult family member of any person described in any of paragraphs (1) through (4); (6) knowingly facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4); (7) is owned or controlled by, or has acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4); or (8) has knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4). (c) Sanctions described The sanctions to be imposed with respect to a foreign person described in subsection (b) are the following: (1) Blocking of property The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Facilitation of certain transactions In the case of a foreign financial institution, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or payable-through account by the foreign financial institution. (3) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (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. ). (B) Current visas revoked (i) In general An alien described in subsection (b) is subject to revocation of any visa or other entry documentation, regardless of when the visa or other entry documentation is or was issued. (ii) 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) Public availability of information Information about the denial or revocation of a visa or other documentation under this paragraph shall be made available to the public. (d) Determination with respect to certain foreign financial institutions (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a determination with respect to whether any foreign financial institution identified in paragraph (2) is a foreign person described in subsection (b). (2) Foreign financial institution identified A foreign financial institution identified under this subsection is any of the following: (A) Sberbank. (B) VTB Bank. (C) Gazprombank. (D) Vnesheconombank. (E) Rosselkhozbank. (e) Extension of period To allow cessation of prohibited business The President may delay the imposition of sanctions under this section for not more than 30 days if the President certifies to the appropriate congressional committees that the extension— (1) is in the national security interest of the United States; and (2) is necessary to enable non-Russian persons impacted by sanctions under this section to wind down business prohibited as a result of those sanctions. (f) Congressional requests Not later than 10 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether a foreign person is described in subsection (b), the President shall— (1) determine if the person is so described; and (2) submit a classified or unclassified report to the committee the chairman or ranking member of which submitted the request with respect to that determination that includes a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to that person. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (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. (h) Exceptions (1) Humanitarian exception Sanctions under this section shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to the Russian Federation. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under subsection (c)(3) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception for the importation of goods The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions with respect to the importation of goods. (i) National security waiver (1) In general The President may, on a case-by-case basis, waive the application of sanctions under this section with respect to a person for renewable periods of not to exceed 90 days if the President submits to the appropriate congressional committees a determination in writing that— (A) the waiver is in the vital national security interest of the United States; and (B) failing to use the waiver will cause significant adverse harm to the vital national security interests of the United States. (2) Sunset The authority to issue a waiver under paragraph (1) shall terminate on the date that is 2 years after the date of the enactment of this Act. 6. Prohibition on transactions involving certain Russian debt (a) In general The Secretary of the Treasury shall, pursuant to such regulations as the Secretary may prescribe, prohibit all transactions within the United States or by a United States person in— (1) sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds; and (2) debt of any entity owned or controlled by the Russian Federation issued on or after such date of enactment, including bonds. (b) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (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. 7. Reports on, and authorization of imposition of sanctions with respect to, the provision of financial communications services to the Central Bank of Russian Federation and other persons (a) Report on the provision of financial communications services to Central Bank of Russian Federation and other persons Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all known entities (including SWIFT) that provide financial communications services to, or that enable or facilitate access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5. (b) Report on efforts To terminate the provision by SWIFT of services for Central Bank of Russian Federation and other persons Not later than 10 days after the imposition of sanctions under section 5, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the status of efforts to ensure that SWIFT has terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5. (c) Authorization for the imposition of sanctions If, on or after the date that is 10 days after the date on which the report required by subsection (b) is submitted, a global financial communications services provider has not terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to the financial communications services provider and the directors of, and shareholders with a significant interest in, the provider. (d) SWIFT defined In this section, the term SWIFT means the Society for Worldwide Interbank Financial Telecommunication. 8. Strategy on coordination with European Union Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for how the United States will work with member countries of the European Union to impose sanctions similar to the sanctions imposed under this Act. 9. Termination The President may terminate sanctions and other measures imposed under this Act on or after the date on which the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency, the Secretary of State, and the Secretary of Defense, submits to the appropriate congressional committees and leadership a certification that— (1) the Government of the Russian Federation has withdrawn all military and paramilitary forces from territory under the control of the Government of Ukraine as of the date of the enactment of this Act; and (2) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in such hostile action in the future. | https://www.govinfo.gov/content/pkg/BILLS-117s3513is/xml/BILLS-117s3513is.xml |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.