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H.R.1963

Families

Child Care Choices Act of 2021 This bill requires states to prioritize the availability of child care certificates over grants or contracts when providing federally supported child care assistance to families. A child care certificate is a voucher provided directly to a parent who may use the voucher only as payment for child care services. The bill also prohibits states from setting differential payment rates based solely on the type of child care or type of provider.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Choices Act of 2021''. SEC. 2. APPLICATION AND PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Prioritization of child care certificates.-- Provide assurances that-- ``(i) in using funding made available to a State pursuant to this subchapter, the State shall prioritize the availability of child care certificates (as defined in section 658P(2)) for child care services over other payment methods, such as grants or contracts; ``(ii) in cases in which a parent chooses to enroll such child with a child care provider that has a grant or contract for the provision of child care services, the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and ``(iii) in cases in which a parent chooses to receive a child care certificate, the certificate shall be of a value commensurate with the subsidy value of child care services provided if the child were enrolled with a child care provider that has a grant or contract for the provision of child care services.'', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash.'', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''. <all>

Child Care Choices Act of 2021

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds.

Child Care Choices Act of 2021

Rep. Fischbach, Michelle

R

MN

This bill requires states to prioritize the availability of child care certificates over grants or contracts when providing federally supported child care assistance to families. A child care certificate is a voucher provided directly to a parent who may use the voucher only as payment for child care services. The bill also prohibits states from setting differential payment rates based solely on the type of child care or type of provider.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Choices Act of 2021''. SEC. 2. APPLICATION AND PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Prioritization of child care certificates.-- Provide assurances that-- ``(i) in using funding made available to a State pursuant to this subchapter, the State shall prioritize the availability of child care certificates (as defined in section 658P(2)) for child care services over other payment methods, such as grants or contracts; ``(ii) in cases in which a parent chooses to enroll such child with a child care provider that has a grant or contract for the provision of child care services, the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and ``(iii) in cases in which a parent chooses to receive a child care certificate, the certificate shall be of a value commensurate with the subsidy value of child care services provided if the child were enrolled with a child care provider that has a grant or contract for the provision of child care services.'', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash.'', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''. <all>

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Choices Act of 2021''. SEC. APPLICATION AND PLAN. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Prioritization of child care certificates.-- Provide assurances that-- ``(i) in using funding made available to a State pursuant to this subchapter, the State shall prioritize the availability of child care certificates (as defined in section 658P(2)) for child care services over other payment methods, such as grants or contracts; ``(ii) in cases in which a parent chooses to enroll such child with a child care provider that has a grant or contract for the provision of child care services, the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and ``(iii) in cases in which a parent chooses to receive a child care certificate, the certificate shall be of a value commensurate with the subsidy value of child care services provided if the child were enrolled with a child care provider that has a grant or contract for the provision of child care services. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Choices Act of 2021''. SEC. 2. APPLICATION AND PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Prioritization of child care certificates.-- Provide assurances that-- ``(i) in using funding made available to a State pursuant to this subchapter, the State shall prioritize the availability of child care certificates (as defined in section 658P(2)) for child care services over other payment methods, such as grants or contracts; ``(ii) in cases in which a parent chooses to enroll such child with a child care provider that has a grant or contract for the provision of child care services, the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and ``(iii) in cases in which a parent chooses to receive a child care certificate, the certificate shall be of a value commensurate with the subsidy value of child care services provided if the child were enrolled with a child care provider that has a grant or contract for the provision of child care services.'', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash.'', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''. <all>

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Choices Act of 2021''. SEC. 2. APPLICATION AND PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Prioritization of child care certificates.-- Provide assurances that-- ``(i) in using funding made available to a State pursuant to this subchapter, the State shall prioritize the availability of child care certificates (as defined in section 658P(2)) for child care services over other payment methods, such as grants or contracts; ``(ii) in cases in which a parent chooses to enroll such child with a child care provider that has a grant or contract for the provision of child care services, the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and ``(iii) in cases in which a parent chooses to receive a child care certificate, the certificate shall be of a value commensurate with the subsidy value of child care services provided if the child were enrolled with a child care provider that has a grant or contract for the provision of child care services.'', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash.'', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''. <all>

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. This Act may be cited as the ``Child Care Choices Act of 2021''. '', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. This Act may be cited as the ``Child Care Choices Act of 2021''. '', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. This Act may be cited as the ``Child Care Choices Act of 2021''. '', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. This Act may be cited as the ``Child Care Choices Act of 2021''. '', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

To amend the Child Care and Development Block Grant Act of 1990 to modify certain State uses of funds. This Act may be cited as the ``Child Care Choices Act of 2021''. '', (B) in subparagraph (M) by inserting ``in accordance with subparagraph (E)(c)(2)(A)(i)'' after ``strategies'', and (C) by adding at the end the following: ``(W) Prioritization of child care certificates.-- The plan shall provide assurances and describe how the State prioritizes the use of child care certificates (as defined in section 658P(2)) for child care services for which financial assistance is provided under this subchapter in preference to other payment methods such as grants, contracts, or cash. '', and (2) in paragraph (4)(C), by adding at the end the following: ``(iii) Prohibition on certain different rates.--When setting differential rates on the basis of child care quality, States are prohibited from using type of child care (such as family child care or center-based care) or type of provider (such as nonprofit providers, for-profit providers, or faith-based providers) as the sole differential factor.''.

H.R.5913

Finance and Financial Sector

Protecting Investors from Excessive SPACs Fees Act of 2021 This bill limits the transaction or recommendation by registered investment advisers to specified investors of securities belonging to certain special purpose acquisition companies and brokers. Special purpose acquisition companies raise capital through initial public offerings with the intent to acquire other companies. Specifically, these securities may not be recommended to a person who is not an accredited investor unless the related economic compensation is 5% or less or the company makes necessary disclosures to the Securities and Exchange Commission for the protection of investors. An accredited investor must satisfy certain requirements indicating their reduced exposure to financial risk, including those related to income, net worth, or knowledge and experience.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Investors from Excessive SPACs Fees Act of 2021''. SEC. 2. PROHIBITION RELATING TO CERTAIN SPECIAL PURPOSE ACQUISITION COMPANIES. (a) Investment Advisers.--Section 206 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) to facilitate the transaction of, or recommend, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors.''. (b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''. <all>

Protecting Investors from Excessive SPACs Fees Act of 2021

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes.

Protecting Investors from Excessive SPACs Fees Act of 2021

Rep. Sherman, Brad

D

CA

This bill limits the transaction or recommendation by registered investment advisers to specified investors of securities belonging to certain special purpose acquisition companies and brokers. Special purpose acquisition companies raise capital through initial public offerings with the intent to acquire other companies. Specifically, these securities may not be recommended to a person who is not an accredited investor unless the related economic compensation is 5% or less or the company makes necessary disclosures to the Securities and Exchange Commission for the protection of investors. An accredited investor must satisfy certain requirements indicating their reduced exposure to financial risk, including those related to income, net worth, or knowledge and experience.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Investors from Excessive SPACs Fees Act of 2021''. SEC. 2. PROHIBITION RELATING TO CERTAIN SPECIAL PURPOSE ACQUISITION COMPANIES. (a) Investment Advisers.--Section 206 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) to facilitate the transaction of, or recommend, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors.''. (b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''. <all>

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Investors from Excessive SPACs Fees Act of 2021''. SEC. 2. PROHIBITION RELATING TO CERTAIN SPECIAL PURPOSE ACQUISITION COMPANIES. (a) Investment Advisers.--Section 206 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) to facilitate the transaction of, or recommend, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors.''. (b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Investors from Excessive SPACs Fees Act of 2021''. SEC. 2. PROHIBITION RELATING TO CERTAIN SPECIAL PURPOSE ACQUISITION COMPANIES. (a) Investment Advisers.--Section 206 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) to facilitate the transaction of, or recommend, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors.''. (b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''. <all>

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Investors from Excessive SPACs Fees Act of 2021''. SEC. 2. PROHIBITION RELATING TO CERTAIN SPECIAL PURPOSE ACQUISITION COMPANIES. (a) Investment Advisers.--Section 206 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-6) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) to facilitate the transaction of, or recommend, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors.''. (b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''. <all>

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. b) Brokers and Registered Representatives of Brokers.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Prohibition Relating to Certain Special Purpose Acquisition Companies.-- ``(1) In general.--A broker and any registered representative of a broker shall be prohibited from facilitating the transaction of, or recommending, securities of a special purpose acquisition company, as defined by the Commission, to a person who is not an accredited investor (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b)), unless-- ``(A) the promote or similar economic compensation of the special purpose acquisition company is 5 percent or less; or ``(B) the special purpose acquisition company makes such disclosures to the Commission as the Commission, by rule, may determine to be necessary or appropriate in the public interest or for the protection of investors. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

To prohibit registered investment advisers, brokers, and registered representatives of brokers from facilitating the transaction of or recommending the securities of certain special purpose acquisition companies unless certain disclosures are made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) Registered representative of a broker defined.--In this subsection, with respect to a broker, the term `registered representative of a broker' means an individual who represents the broker in effecting or attempting to effect a purchase or sale of securities.''.

H.R.1090

Commerce

Online Consumer Protection Act of 2021 This bill requires commercial software operators and developers to provide consumers with a warning prior to making available for download software from specified countries that support international terrorism. Violations of this requirement are subject to enforcement by the Federal Trade Commission and intentional violations are subject to criminal penalties.

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Consumer Protection Act of 2021''. SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR DOWNLOAD OF COVERED FOREIGN SOFTWARE. (a) In General.--A software marketplace operator or developer of covered foreign software may not-- (1) permit a consumer to download covered foreign software unless, before the download begins-- (A) a warning that meets the requirements of subsection (b) is displayed to the consumer, separately from any privacy policy, terms of service, or other notice; and (B) the consumer is required to choose (by taking an affirmative step such as clicking on a button) between the options of-- (i) acknowledging such warning and proceeding with the download; or (ii) cancelling the download; or (2) make available covered foreign software for download by consumers unless the operator or developer has in place procedures to ensure compliance with paragraph (1). (b) Requirements for Warning.-- (1) In general.--A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): ``Warning: [Name of Covered Foreign Software] is developed by [Name of Developer of Covered Foreign Software], which [is controlled by a company that] [is organized under the laws of]/[conducts its principal operations in]/[is organized under the laws of and conducts its principal operations in] [Name of Covered Country]. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. (2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. (d) Enforcement by Federal Trade Commission.-- (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 commission.--The Commission shall enforce this section and the regulations promulgated under the 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 Act. 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) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section. (e) Criminal Offense.-- (1) Corporate offense.--Whoever, being a software marketplace operator or developer of covered foreign software, knowingly violates subsection (a) shall be fined $50,000 for each violation. (2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. (3) Application.--This subsection shall apply with respect to conduct occurring during the period beginning on the date of enactment of this Act and ending on the date on which this section ceases to have any force or effect under subsection (g). (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. (g) Sunset.--This section shall cease to have any force or effect on the date that is 10 years after the date of the enactment of this Act. (h) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. (B) Process.-- (i) Designation.--Upon designating a country under subparagraph (A)(iii), the Attorney General or the Commission (in this clause referred to as the ``notifying party'') shall transmit a notification of the designation to the Commission or the Attorney General, as the case may be (in this clause referred to as the ``notified party''). Such designation shall become effective on the day that is 30 days after the date on which such notification is transmitted, unless, before such day, the notified party transmits to the notifying party and the Secretary of State an objection. The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. (ii) Revocation of designation.-- (I) Joint action required.--Except as provided in subclause (II), the designation of a country under subparagraph (A)(iii) may only be revoked by the Attorney General and the Commission, acting jointly. (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. The Secretary shall, not later than 30 days after the date on which the Secretary receives such notification, determine whether to revoke such designation. (3) Covered foreign software.--The term ``covered foreign software'' means software that is developed by-- (A) a person (other than an individual)-- (i) who is organized under the laws of a covered country; or (ii) whose principal operations are conducted in a covered country; or (B) a person (other than an individual) that is, directly or indirectly, controlled by a person described in subparagraph (A). (4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (5) Software.--The term ``software'' means any computer software program, including a mobile application. (6) Software marketplace operator.--The term ``software marketplace operator'' means a person who, for a commercial purpose, operates an online store or marketplace through which software is made available for download by consumers. <all>

Online Consumer Protection Act of 2021

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes.

Online Consumer Protection Act of 2021

Rep. Banks, Jim

R

IN

This bill requires commercial software operators and developers to provide consumers with a warning prior to making available for download software from specified countries that support international terrorism. Violations of this requirement are subject to enforcement by the Federal Trade Commission and intentional violations are subject to criminal penalties.

This Act may be cited as the ``Online Consumer Protection Act of 2021''. SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR DOWNLOAD OF COVERED FOREIGN SOFTWARE. (b) Requirements for Warning.-- (1) In general.--A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): ``Warning: [Name of Covered Foreign Software] is developed by [Name of Developer of Covered Foreign Software], which [is controlled by a company that] [is organized under the laws of]/[conducts its principal operations in]/[is organized under the laws of and conducts its principal operations in] [Name of Covered Country]. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 41 et seq.) were incorporated into and made a part of this Act. 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) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section. (g) Sunset.--This section shall cease to have any force or effect on the date that is 10 years after the date of the enactment of this Act. (h) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. (4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device.

This Act may be cited as the ``Online Consumer Protection Act of 2021''. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR DOWNLOAD OF COVERED FOREIGN SOFTWARE. (b) Requirements for Warning.-- (1) In general.--A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): ``Warning: [Name of Covered Foreign Software] is developed by [Name of Developer of Covered Foreign Software], which [is controlled by a company that] [is organized under the laws of]/[conducts its principal operations in]/[is organized under the laws of and conducts its principal operations in] [Name of Covered Country]. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (3) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section. (h) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. (4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Consumer Protection Act of 2021''. SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR DOWNLOAD OF COVERED FOREIGN SOFTWARE. (b) Requirements for Warning.-- (1) In general.--A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): ``Warning: [Name of Covered Foreign Software] is developed by [Name of Developer of Covered Foreign Software], which [is controlled by a company that] [is organized under the laws of]/[conducts its principal operations in]/[is organized under the laws of and conducts its principal operations in] [Name of Covered Country]. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this section and the regulations promulgated under the 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 Act. 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) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section. (e) Criminal Offense.-- (1) Corporate offense.--Whoever, being a software marketplace operator or developer of covered foreign software, knowingly violates subsection (a) shall be fined $50,000 for each violation. (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. (g) Sunset.--This section shall cease to have any force or effect on the date that is 10 years after the date of the enactment of this Act. (h) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. Such designation shall become effective on the day that is 30 days after the date on which such notification is transmitted, unless, before such day, the notified party transmits to the notifying party and the Secretary of State an objection. The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. (ii) Revocation of designation.-- (I) Joint action required.--Except as provided in subclause (II), the designation of a country under subparagraph (A)(iii) may only be revoked by the Attorney General and the Commission, acting jointly. (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. (4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Consumer Protection Act of 2021''. SEC. 2. CONSUMER WARNING AND ACKNOWLEDGMENT FOR DOWNLOAD OF COVERED FOREIGN SOFTWARE. (a) In General.--A software marketplace operator or developer of covered foreign software may not-- (1) permit a consumer to download covered foreign software unless, before the download begins-- (A) a warning that meets the requirements of subsection (b) is displayed to the consumer, separately from any privacy policy, terms of service, or other notice; and (B) the consumer is required to choose (by taking an affirmative step such as clicking on a button) between the options of-- (i) acknowledging such warning and proceeding with the download; or (ii) cancelling the download; or (2) make available covered foreign software for download by consumers unless the operator or developer has in place procedures to ensure compliance with paragraph (1). (b) Requirements for Warning.-- (1) In general.--A warning meets the requirements of this subsection if such warning reads as follows (with the italicized language being replaced and the other bracketed language being included or deleted, as appropriate for the covered foreign software regarding which the warning is being given, and the brackets removed): ``Warning: [Name of Covered Foreign Software] is developed by [Name of Developer of Covered Foreign Software], which [is controlled by a company that] [is organized under the laws of]/[conducts its principal operations in]/[is organized under the laws of and conducts its principal operations in] [Name of Covered Country]. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this section and the regulations promulgated under the 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 Act. 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) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section. (e) Criminal Offense.-- (1) Corporate offense.--Whoever, being a software marketplace operator or developer of covered foreign software, knowingly violates subsection (a) shall be fined $50,000 for each violation. (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. (g) Sunset.--This section shall cease to have any force or effect on the date that is 10 years after the date of the enactment of this Act. (h) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. (B) Process.-- (i) Designation.--Upon designating a country under subparagraph (A)(iii), the Attorney General or the Commission (in this clause referred to as the ``notifying party'') shall transmit a notification of the designation to the Commission or the Attorney General, as the case may be (in this clause referred to as the ``notified party''). Such designation shall become effective on the day that is 30 days after the date on which such notification is transmitted, unless, before such day, the notified party transmits to the notifying party and the Secretary of State an objection. The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. (ii) Revocation of designation.-- (I) Joint action required.--Except as provided in subclause (II), the designation of a country under subparagraph (A)(iii) may only be revoked by the Attorney General and the Commission, acting jointly. (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. (4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device.

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. This Act may be cited as the ``Online Consumer Protection Act of 2021''. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. ( 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. ( (d) Enforcement by Federal Trade Commission.-- (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. ( 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. ( (2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( 2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. ( 2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. ( 2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. This Act may be cited as the ``Online Consumer Protection Act of 2021''. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. ( 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. ( (d) Enforcement by Federal Trade Commission.-- (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. ( 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. ( (2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( 2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. ( 2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. This Act may be cited as the ``Online Consumer Protection Act of 2021''. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. ( 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. ( (d) Enforcement by Federal Trade Commission.-- (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. ( 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. ( (2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( 2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. ( 2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. This Act may be cited as the ``Online Consumer Protection Act of 2021''. Please either [insert description of how to acknowledge the warning and proceed with the download] if you wish to proceed with the download or [insert description of how to cancel the download] if you wish to cancel the download.''. ( 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. ( (d) Enforcement by Federal Trade Commission.-- (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. ( 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. ( (2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( 2) Covered country.-- (A) In general.--The term ``covered country'' means-- (i) China, Russia, North Korea, Iran, Syria, and Cuba; (ii) any other country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- (I) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law; and (iii) subject to subparagraph (B), any other country designated by the Attorney General or the Commission based on expert knowledge of the sources of dangerous software. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. 2) Alternative warnings.--The Commission may by regulation specify that a warning other than the warning provided in paragraph (1) meets the requirements of this subsection, as the Commission considers appropriate. (c) Liability of Software Developer.--In the case of a violation of subsection (a) by a software marketplace operator, if the developer of the covered foreign software with respect to which the violation was committed did not inform the software marketplace operator that the software is covered foreign software, the developer (as well as the software marketplace operator) shall be considered to have committed the violation. ( 2) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( (f) Report to Congress.--Not later than 8 years after the date of the enactment of this Act, the Commission, in consultation with the Attorney General, shall submit to Congress a report on the implementation and enforcement of this section. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

To require software marketplace operators and developers of covered foreign software to provide to consumers a warning prior to the download of such software, and for other purposes. d) Enforcement by Federal Trade Commission.-- (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) Individual offense.--Whoever, being an officer of a software marketplace operator or developer of covered foreign software, causes a violation of subsection (a) with the intent to conceal the country in which software is developed, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ( The Secretary shall, not later than 30 days after the date on which the Secretary receives such objection, determine whether to designate such country under such subparagraph. ( (II) Dispute resolution.--In the case of a dispute between the Attorney General and the Commission regarding whether to revoke the designation of a country under subparagraph (A)(iii), the Attorney General or the Commission may transmit to the Secretary of State a notification of such dispute. 4) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a smartphone, tablet computer, or similar mobile electronic device. (

H.R.660

Public Lands and Natural Resources

Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to establish a grant program for states, tribal and local governments, and other entities to implement projects that restore a marine, estuarine, coastal, or Great Lakes habitat, or that provide adaptation to climate change. NOAA must prioritize projects that (1) stimulate the economy; (2) begin within 90 days after an entity is awarded a grant; (3) employ fishermen who have been negatively impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic or pay fishermen for the use of a fishing vessel; (4) demonstrate any required studies or permits have been completed or can be completed shortly after an award is made; or (5) include communities that may not have adequate resources, including communities of color, and low-income, tribal, indigenous, and rural communities.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. SEC. 2. SHOVEL-READY RESTORATION AND RESILIENCY GRANT PROGRAM. (a) Establishment.--The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d). (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. <all>

Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes.

Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021

Del. Plaskett, Stacey E.

D

VI

This bill requires the National Oceanic and Atmospheric Administration (NOAA) to establish a grant program for states, tribal and local governments, and other entities to implement projects that restore a marine, estuarine, coastal, or Great Lakes habitat, or that provide adaptation to climate change. NOAA must prioritize projects that (1) stimulate the economy; (2) begin within 90 days after an entity is awarded a grant; (3) employ fishermen who have been negatively impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic or pay fishermen for the use of a fishing vessel; (4) demonstrate any required studies or permits have been completed or can be completed shortly after an award is made; or (5) include communities that may not have adequate resources, including communities of color, and low-income, tribal, indigenous, and rural communities.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. SEC. 2. (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. 2. (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. SEC. 2. SHOVEL-READY RESTORATION AND RESILIENCY GRANT PROGRAM. (a) Establishment.--The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d). (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. <all>

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. SEC. 2. SHOVEL-READY RESTORATION AND RESILIENCY GRANT PROGRAM. (a) Establishment.--The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d). (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. <all>

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); ( B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( 2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( 2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); ( B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( 2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); ( B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( 2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); ( B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( 2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (

To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. ( (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); ( B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. ( g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

H.R.1781

Science, Technology, Communications

Preventing Real Online Threats Endangering Children Today or the PROTECT Kids Act This bill addresses the online collection of personal information from children. Specifically, the bill raises the age for parental consent protections for children online from under 13 to under 16, adds geolocation and biometric information to protected personal information, and extends all protections for children online to mobile applications. The bill also requires the operator of a website, online service, or mobile application to delete a child's personal information upon the verified request of a parent, and it prohibits such operator from terminating service to a child whose parent has refused to permit further collection or use of that child's personal information. Additionally, the Federal Trade Commission must study and report on the appropriateness of the existing actual knowledge standard (preventing an operator from collecting personal information without meeting certain requirements when it has actual knowledge that it is collecting such information from a child) and what effects changing such standard will have on children's online privacy.

To amend the Children's Online Privacy Protection Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Real Online Threats Endangering Children Today Act'' or the ``PROTECT Kids Act''. SEC. 2. AMENDMENTS TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) is amended-- (1) by inserting ``, including a service provided through a mobile application,'' after ``online service'' each place it appears; (2) in section 1302-- (A) in paragraph (1), by striking ``age of 13'' and inserting ``age of 16''; (B) in paragraph (8)-- (i) in the matter preceding subparagraph (A), by inserting ``including a service provided through a mobile application'' after ``collected online''; (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; and (iii) by inserting after subparagraph (E) the following: ``(F) precise geolocation information; ``(G) biometric information;''; and (C) by adding at the end the following: ``(13) Mobile application.--The term `mobile application' means a software program that runs on the operating system of-- ``(A) a mobile telephone; ``(B) a tablet computer; or ``(C) a similar portable computing device that transmits data over a wireless connection. ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less.''; and (3) in section 1303(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(I), by inserting ``or mobile application'' after ``website''; and (ii) in subparagraph (B)(ii), by striking ``use or maintenance in retrievable form, or future online collection'' and inserting ``collection or use''; and (B) by amending paragraph (3) to read as follows: ``(3) Continuation of service.--The regulations shall-- ``(A) prohibit the operator of a website, online service, or mobile application from terminating service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further collection or use of personal information from that child, or has required such operator to delete such information; and ``(B) require the operator, upon request of a parent whose child has provided personal information to that website or, online service, including a service provided through a mobile application, upon proper identification of that parent, to delete any personal information collected from such child.''. SEC. 3. FEDERAL TRADE COMMISSION STUDY. (a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. <all>

PROTECT Kids Act

To amend the Children's Online Privacy Protection Act of 1998.

PROTECT Kids Act Preventing Real Online Threats Endangering Children Today Act

Rep. Walberg, Tim

R

MI

This bill addresses the online collection of personal information from children. Specifically, the bill raises the age for parental consent protections for children online from under 13 to under 16, adds geolocation and biometric information to protected personal information, and extends all protections for children online to mobile applications. The bill also requires the operator of a website, online service, or mobile application to delete a child's personal information upon the verified request of a parent, and it prohibits such operator from terminating service to a child whose parent has refused to permit further collection or use of that child's personal information. Additionally, the Federal Trade Commission must study and report on the appropriateness of the existing actual knowledge standard (preventing an operator from collecting personal information without meeting certain requirements when it has actual knowledge that it is collecting such information from a child) and what effects changing such standard will have on children's online privacy.

To amend the Children's Online Privacy Protection Act of 1998. SHORT TITLE. This Act may be cited as the ``Preventing Real Online Threats Endangering Children Today Act'' or the ``PROTECT Kids Act''. 2. 6501 et seq.) ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. ''; and (3) in section 1303(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(I), by inserting ``or mobile application'' after ``website''; and (ii) in subparagraph (B)(ii), by striking ``use or maintenance in retrievable form, or future online collection'' and inserting ``collection or use''; and (B) by amending paragraph (3) to read as follows: ``(3) Continuation of service.--The regulations shall-- ``(A) prohibit the operator of a website, online service, or mobile application from terminating service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further collection or use of personal information from that child, or has required such operator to delete such information; and ``(B) require the operator, upon request of a parent whose child has provided personal information to that website or, online service, including a service provided through a mobile application, upon proper identification of that parent, to delete any personal information collected from such child.''. SEC. 3. (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. 2. 6501 et seq.) ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. ''; and (3) in section 1303(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(I), by inserting ``or mobile application'' after ``website''; and (ii) in subparagraph (B)(ii), by striking ``use or maintenance in retrievable form, or future online collection'' and inserting ``collection or use''; and (B) by amending paragraph (3) to read as follows: ``(3) Continuation of service.--The regulations shall-- ``(A) prohibit the operator of a website, online service, or mobile application from terminating service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further collection or use of personal information from that child, or has required such operator to delete such information; and ``(B) require the operator, upon request of a parent whose child has provided personal information to that website or, online service, including a service provided through a mobile application, upon proper identification of that parent, to delete any personal information collected from such child.''. SEC. 3. (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Real Online Threats Endangering Children Today Act'' or the ``PROTECT Kids Act''. 2. 6501 et seq.) is amended-- (1) by inserting ``, including a service provided through a mobile application,'' after ``online service'' each place it appears; (2) in section 1302-- (A) in paragraph (1), by striking ``age of 13'' and inserting ``age of 16''; (B) in paragraph (8)-- (i) in the matter preceding subparagraph (A), by inserting ``including a service provided through a mobile application'' after ``collected online''; (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; and (iii) by inserting after subparagraph (E) the following: ``(F) precise geolocation information; ``(G) biometric information;''; and (C) by adding at the end the following: ``(13) Mobile application.--The term `mobile application' means a software program that runs on the operating system of-- ``(A) a mobile telephone; ``(B) a tablet computer; or ``(C) a similar portable computing device that transmits data over a wireless connection. ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. ''; and (3) in section 1303(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(I), by inserting ``or mobile application'' after ``website''; and (ii) in subparagraph (B)(ii), by striking ``use or maintenance in retrievable form, or future online collection'' and inserting ``collection or use''; and (B) by amending paragraph (3) to read as follows: ``(3) Continuation of service.--The regulations shall-- ``(A) prohibit the operator of a website, online service, or mobile application from terminating service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further collection or use of personal information from that child, or has required such operator to delete such information; and ``(B) require the operator, upon request of a parent whose child has provided personal information to that website or, online service, including a service provided through a mobile application, upon proper identification of that parent, to delete any personal information collected from such child.''. SEC. 3. (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Real Online Threats Endangering Children Today Act'' or the ``PROTECT Kids Act''. SEC. 2. AMENDMENTS TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) is amended-- (1) by inserting ``, including a service provided through a mobile application,'' after ``online service'' each place it appears; (2) in section 1302-- (A) in paragraph (1), by striking ``age of 13'' and inserting ``age of 16''; (B) in paragraph (8)-- (i) in the matter preceding subparagraph (A), by inserting ``including a service provided through a mobile application'' after ``collected online''; (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; and (iii) by inserting after subparagraph (E) the following: ``(F) precise geolocation information; ``(G) biometric information;''; and (C) by adding at the end the following: ``(13) Mobile application.--The term `mobile application' means a software program that runs on the operating system of-- ``(A) a mobile telephone; ``(B) a tablet computer; or ``(C) a similar portable computing device that transmits data over a wireless connection. ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less.''; and (3) in section 1303(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(I), by inserting ``or mobile application'' after ``website''; and (ii) in subparagraph (B)(ii), by striking ``use or maintenance in retrievable form, or future online collection'' and inserting ``collection or use''; and (B) by amending paragraph (3) to read as follows: ``(3) Continuation of service.--The regulations shall-- ``(A) prohibit the operator of a website, online service, or mobile application from terminating service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further collection or use of personal information from that child, or has required such operator to delete such information; and ``(B) require the operator, upon request of a parent whose child has provided personal information to that website or, online service, including a service provided through a mobile application, upon proper identification of that parent, to delete any personal information collected from such child.''. SEC. 3. FEDERAL TRADE COMMISSION STUDY. (a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. <all>

To amend the Children's Online Privacy Protection Act of 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. ( 3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (

To amend the Children's Online Privacy Protection Act of 1998. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). ( (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. ( b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). ( (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. ( b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. ( 3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (

To amend the Children's Online Privacy Protection Act of 1998. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). ( (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. ( b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. ( 3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (

To amend the Children's Online Privacy Protection Act of 1998. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). ( (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. ( b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. The Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) ``(14) Biometric information.--The term `biometric information' means the record of any unique, immutable biological attribute or measurement generated by automatic measurements of a consumer's biological characteristics, including fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry, that are used to uniquely and durably authenticate the identity of a consumer when such consumer accesses a physical location, device, system, or account. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. ( 3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (

To amend the Children's Online Privacy Protection Act of 1998. ``(15) Precise geolocation information.--The term `precise geolocation information' means historical or real-time location information, or inferences drawn from other information, capable of identifying the location of an individual or a consumer device of an individual with specificity sufficient to identify street level location information or an individual's or device's location within a range of 1,640 feet or less. FEDERAL TRADE COMMISSION STUDY. ( a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). ( (3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. ( b) Report to Congress.--Following completion of the study pursuant to subsection (a), the Commission shall report the results and recommendations to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

To amend the Children's Online Privacy Protection Act of 1998. a) In General.-- (1) Not later than 2 years after the date of enactment of this Act, the Commission shall conduct a study on the knowledge standard found in section 1303(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). (2) In conducting such study, the Commission shall-- (A) consider whether the existing knowledge standard is still appropriate for accomplishing the goals of this Act; (B) consider the affect changing such knowledge standard will have on children's online privacy, including whether it will increase or decrease such privacy; (C) consider the feasibility of complying with any change to such knowledge standard; (D) whether any Federal agency has studied such change; and (E) whether any think tank or privacy advocacy or digital rights group has studied such a change. ( 3) Based on the study, the Commission shall-- (A) develop recommendations as to whether the knowledge standard should be changed; (B) develop recommendations as to what the new knowledge standard should be, if appropriate; (C) provide the basis for its recommendation to change the knowledge standard, if appropriate; (D) cite examples of Federal agency studies on changing the knowledge standard; and (E) cite examples of think tank or privacy advocacy or digital rights group studies on changing the knowledge standard. (

H.R.3446

International Affairs

Peace on the Korean Peninsula Act This bill requires the Department of State to report to Congress on various issues relating to North Korea. Specifically, the State Department must report to Congress a review of the restrictions on travel by U.S. nationals to North Korea, including whether such restrictions should be adjusted to allow travel to North Korea to attend a commemoration of a relative. The State Department must also report to Congress a clear roadmap for achieving permanent peace on the Korean Peninsula.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Peace on the Korean Peninsula Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. (2) The armistice agreement neither formally ended the war nor represented a final peaceful settlement. (3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. (4) In its roll out of its policy towards North Korea, the Biden Administration expressed support for the Singapore framework, which identifies peace on the Korean peninsula as an objective of any future negotiations between the United States and North Korea. (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. (6) The persistence of a state of war does not serve the national interest of the United States and its allies. (7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. (8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. (10) The ongoing nuclear- and ballistic-missile-related activities of North Korea continue to pose a threat to international peace and security. SEC. 3. HUMANITARIAN CONSIDERATIONS REGARDING VISITING NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the current restrictions barring United States nationals traveling to the Democratic People's Republic of Korea (DPRK) warrant review by the Secretary of State. (b) Review.--The Secretary of State shall conduct a full review of the restrictions in place conditioning the travel of United States nationals to the DPRK. Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. (2) The ``compelling humanitarian considerations'' that qualify a United States national for travel to the DPRK, including whether the scope of travel permissible under such considerations should be adjusted. (3) Whether, and if so, to what extent and under what conditions, travel to the DPRK for the purposes of attending to or witnessing funerals, burials, or other religious and family commemorations of relatives of United States nationals in the DPRK does or should qualify as ``compelling humanitarian considerations'' meriting issuance of Special Validation Passports to such nationals. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the review conducted under subsection (b). Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. SEC. 4. CALLING FOR A FORMAL END TO THE KOREAN WAR. (a) Sense of Congress.--It is the sense of Congress that given the commitment of the leaders of South Korea and North Korea in Panmunjom on April 27, 2018, to actively promote meetings involving the United States ``with a view to replacing the Armistice Agreement with a peace agreement and establishing a permanent and solid peace regime'', the Secretary of State should pursue serious, urgent diplomatic engagement with North Korea and South Korea in pursuit of a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. SEC. 5. ESTABLISHING LIAISON OFFICES. It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country. <all>

Peace on the Korean Peninsula Act

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes.

Peace on the Korean Peninsula Act

Rep. Sherman, Brad

D

CA

This bill requires the Department of State to report to Congress on various issues relating to North Korea. Specifically, the State Department must report to Congress a review of the restrictions on travel by U.S. nationals to North Korea, including whether such restrictions should be adjusted to allow travel to North Korea to attend a commemoration of a relative. The State Department must also report to Congress a clear roadmap for achieving permanent peace on the Korean Peninsula.

SHORT TITLE. This Act may be cited as the ``Peace on the Korean Peninsula Act''. 2. FINDINGS. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. (2) The armistice agreement neither formally ended the war nor represented a final peaceful settlement. (3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. (4) In its roll out of its policy towards North Korea, the Biden Administration expressed support for the Singapore framework, which identifies peace on the Korean peninsula as an objective of any future negotiations between the United States and North Korea. (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. (6) The persistence of a state of war does not serve the national interest of the United States and its allies. (8) Approximately 100,000 Americans have relatives living in North Korea. (10) The ongoing nuclear- and ballistic-missile-related activities of North Korea continue to pose a threat to international peace and security. 3. HUMANITARIAN CONSIDERATIONS REGARDING VISITING NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the current restrictions barring United States nationals traveling to the Democratic People's Republic of Korea (DPRK) warrant review by the Secretary of State. (2) The ``compelling humanitarian considerations'' that qualify a United States national for travel to the DPRK, including whether the scope of travel permissible under such considerations should be adjusted. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the review conducted under subsection (b). Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. CALLING FOR A FORMAL END TO THE KOREAN WAR. SEC. 5. ESTABLISHING LIAISON OFFICES.

SHORT TITLE. This Act may be cited as the ``Peace on the Korean Peninsula Act''. 2. FINDINGS. (2) The armistice agreement neither formally ended the war nor represented a final peaceful settlement. (3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. (6) The persistence of a state of war does not serve the national interest of the United States and its allies. (8) Approximately 100,000 Americans have relatives living in North Korea. (10) The ongoing nuclear- and ballistic-missile-related activities of North Korea continue to pose a threat to international peace and security. 3. HUMANITARIAN CONSIDERATIONS REGARDING VISITING NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the current restrictions barring United States nationals traveling to the Democratic People's Republic of Korea (DPRK) warrant review by the Secretary of State. (2) The ``compelling humanitarian considerations'' that qualify a United States national for travel to the DPRK, including whether the scope of travel permissible under such considerations should be adjusted. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the review conducted under subsection (b). Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. CALLING FOR A FORMAL END TO THE KOREAN WAR. SEC. 5. ESTABLISHING LIAISON OFFICES.

SHORT TITLE. This Act may be cited as the ``Peace on the Korean Peninsula Act''. 2. FINDINGS. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. (2) The armistice agreement neither formally ended the war nor represented a final peaceful settlement. (3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. (4) In its roll out of its policy towards North Korea, the Biden Administration expressed support for the Singapore framework, which identifies peace on the Korean peninsula as an objective of any future negotiations between the United States and North Korea. (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. (6) The persistence of a state of war does not serve the national interest of the United States and its allies. (8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. (10) The ongoing nuclear- and ballistic-missile-related activities of North Korea continue to pose a threat to international peace and security. 3. HUMANITARIAN CONSIDERATIONS REGARDING VISITING NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the current restrictions barring United States nationals traveling to the Democratic People's Republic of Korea (DPRK) warrant review by the Secretary of State. (2) The ``compelling humanitarian considerations'' that qualify a United States national for travel to the DPRK, including whether the scope of travel permissible under such considerations should be adjusted. (3) Whether, and if so, to what extent and under what conditions, travel to the DPRK for the purposes of attending to or witnessing funerals, burials, or other religious and family commemorations of relatives of United States nationals in the DPRK does or should qualify as ``compelling humanitarian considerations'' meriting issuance of Special Validation Passports to such nationals. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the review conducted under subsection (b). Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. CALLING FOR A FORMAL END TO THE KOREAN WAR. SEC. 5. ESTABLISHING LIAISON OFFICES. It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Peace on the Korean Peninsula Act''. 2. FINDINGS. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. (2) The armistice agreement neither formally ended the war nor represented a final peaceful settlement. (3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. (4) In its roll out of its policy towards North Korea, the Biden Administration expressed support for the Singapore framework, which identifies peace on the Korean peninsula as an objective of any future negotiations between the United States and North Korea. (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. (6) The persistence of a state of war does not serve the national interest of the United States and its allies. (7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. (8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. (10) The ongoing nuclear- and ballistic-missile-related activities of North Korea continue to pose a threat to international peace and security. 3. HUMANITARIAN CONSIDERATIONS REGARDING VISITING NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the current restrictions barring United States nationals traveling to the Democratic People's Republic of Korea (DPRK) warrant review by the Secretary of State. (b) Review.--The Secretary of State shall conduct a full review of the restrictions in place conditioning the travel of United States nationals to the DPRK. Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. (2) The ``compelling humanitarian considerations'' that qualify a United States national for travel to the DPRK, including whether the scope of travel permissible under such considerations should be adjusted. (3) Whether, and if so, to what extent and under what conditions, travel to the DPRK for the purposes of attending to or witnessing funerals, burials, or other religious and family commemorations of relatives of United States nationals in the DPRK does or should qualify as ``compelling humanitarian considerations'' meriting issuance of Special Validation Passports to such nationals. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the review conducted under subsection (b). Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. CALLING FOR A FORMAL END TO THE KOREAN WAR. (a) Sense of Congress.--It is the sense of Congress that given the commitment of the leaders of South Korea and North Korea in Panmunjom on April 27, 2018, to actively promote meetings involving the United States ``with a view to replacing the Armistice Agreement with a peace agreement and establishing a permanent and solid peace regime'', the Secretary of State should pursue serious, urgent diplomatic engagement with North Korea and South Korea in pursuit of a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. SEC. 5. ESTABLISHING LIAISON OFFICES. It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. 3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. ( (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. ( 7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. CALLING FOR A FORMAL END TO THE KOREAN WAR. ( (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. ( 8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. ( 8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. 3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. ( (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. ( 7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. CALLING FOR A FORMAL END TO THE KOREAN WAR. ( (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. ( 8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. 3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. ( (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. ( 7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. CALLING FOR A FORMAL END TO THE KOREAN WAR. ( (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. ( 8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. 3) On April 27, 2018, in Panmunjom, the leaders of South Korea and North Korea declared that ``a new era of peace has begun on the Korean peninsula'', and committed ``to declare the end of war'' on the Korean peninsula 65 years after the signing of the armistice agreement. ( (5) The United States should pursue a sustained and credible diplomatic process to achieve an end to the Korean war, and every effort should be made to avoid military confrontation with North Korea. ( 7) One major consequence of the continuation of the Korean war is that the United States does not have formal relations with North Korea, which has prevented Korean Americans with relatives in North Korea from seeing their families. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( Such report shall include a comprehensive description of the Department of State's consideration of all matters described in paragraphs (1), (2), and (3) of such subsection, including, as applicable, any related policy changes and the rationale behind the Department's decision to make or refrain from making policy changes relating to such matters. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. CALLING FOR A FORMAL END TO THE KOREAN WAR. ( (2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Congress makes the following findings: (1) On July 27, 1953, the commander in chief of the United Nations Command signed an armistice agreement with the supreme commander of the North Korean People's Army and the commander of the Chinese People's Volunteers, aiming to ``insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved''. ( 8) Approximately 100,000 Americans have relatives living in North Korea. (9) At the Hanoi Summit in February 2019, the United States and North Korea discussed formally ending the Korean war and the exchange of diplomatic liaison offices, however these discussions did not advance due to a stalemate on nuclear and missile issues. ( Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes a clear roadmap for achieving a permanent peace agreement on the Korean peninsula. ( It is the sense of Congress that given the joint statement signed by the United States and North Korea in Singapore on June 12, 2018, which included an agreement to ``establish new U.S.-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity'', the Secretary of State should seek to enter into negotiations with the Democratic People's Republic of North Korea (DPRK) to establish liaison offices of the DPRK and the United States in the respective capitals of each such country.

To review current restrictions on travel to North Korea, call for a formal end to the Korean War, and for other purposes. Such review shall include consideration of the following: (1) The Department of State's guidance as to the nature of travel to the DPRK that qualifies as ``in the national interest'' of the United States, including whether the scope of travel qualifying as such should be adjusted. ( (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 2) Contents.--The report required under paragraph (1) shall-- (A) contain an accounting of the steps necessary to enter into negotiations with North Korea and South Korea to conclude a binding peace agreement; (B) identify the key stakeholders involved in such negotiations; and (C) describe the challenges concerning the ability of the United States to achieve a binding peace agreement constituting a formal and final end to the state of war between North Korea, South Korea, and the United States. (

H.R.1693

Crime and Law Enforcement

Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021 This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties. This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill's enactment. A defendant does not have to be present at the sentence reduction hearing. Finally, the bill prohibits the reduction of a sentence that was previously reduced.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating a Quantifiably Unjust Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''. SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. (a) Controlled Substances Act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed: (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)). (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)). (b) Controlled Substances Import and Export Act.--The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed: (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)). (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). (c) Applicability to Pending and Past Cases.-- (1) Pending cases.--This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). (ii) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960). (iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present.-- Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences.--A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

EQUAL Act of 2021

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.

EQUAL Act of 2021 Eliminating a Quantifiably Unjust Application of the Law Act of 2021 EQUAL Act of 2021 Eliminating a Quantifiably Unjust Application of the Law Act of 2021 EQUAL Act of 2021 Eliminating a Quantifiably Unjust Application of the Law Act of 2021 EQUAL Act Eliminating a Quantifiably Unjust Application of the Law Act

Rep. Jeffries, Hakeem S.

D

NY

This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties. This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill's enactment. A defendant does not have to be present at the sentence reduction hearing. Finally, the bill prohibits the reduction of a sentence that was previously reduced.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating a Quantifiably Unjust Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. (a) Controlled Substances Act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) 841(b)(1)(B)). 951 et seq.) (c) Applicability to Pending and Past Cases.-- (1) Pending cases.--This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. (ii) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960). 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present.-- Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences.--A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating a Quantifiably Unjust Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''. 2. (a) Controlled Substances Act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) 841(b)(1)(B)). (c) Applicability to Pending and Past Cases.-- (1) Pending cases.--This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. (ii) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960). 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present.-- Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences.--A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating a Quantifiably Unjust Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''. SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. (a) Controlled Substances Act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed: (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)). (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)). (b) Controlled Substances Import and Export Act.--The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed: (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)). (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). (c) Applicability to Pending and Past Cases.-- (1) Pending cases.--This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). (ii) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960). (iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present.-- Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences.--A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating a Quantifiably Unjust Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''. SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. (a) Controlled Substances Act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed: (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)). (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)). (b) Controlled Substances Import and Export Act.--The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed: (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)). (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). (c) Applicability to Pending and Past Cases.-- (1) Pending cases.--This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). (ii) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960). (iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present.-- Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences.--A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. ( 2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). ( (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). ( (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. Passed the House of Representatives September 28, 2021.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. 2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). ( 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. 2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). ( 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. ( 2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). ( (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). ( (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. Passed the House of Representatives September 28, 2021.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. 2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). ( 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. ( 2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). ( (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). ( (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. Passed the House of Representatives September 28, 2021.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. 2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). ( 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. ( 2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). ( (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). ( (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. Passed the House of Representatives September 28, 2021.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. 2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( iii) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). ( 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE. ( 2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)). ( (2) Past cases.-- (A) In general.--In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. ( B) Federal offense described.--A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act (21 U.S.C. 841). ( (E) No requirement to reduce sentence.--Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. Passed the House of Representatives September 28, 2021.

H.R.2122

Armed Forces and National Security

Battleship Iowa National Museum of the Surface Navy Act of 2021 This bill designates the Battleship USS Iowa Museum located in Los Angeles, California, as the National Museum of the Surface Navy.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battleship Iowa National Museum of the Surface Navy Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Surface Navy represents the millions of sailors and thousands of ships that sail on oceans around the world to ensure the safety and freedom of Americans and all people. (2) The Battleship IOWA is an iconic Surface Navy vessel that-- (A) served as home to hundreds of thousands of sailors from all 50 States; and (B) is recognized as a transformational feat of engineering and innovation. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (4) The Battleship IOWA Museum is a museum and educational institution that-- (A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships; (B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance; (C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States; (D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology; (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises; (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic; (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year; (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and (I) provides a safe place for-- (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. (6) The National Museum of the Surface Navy will-- (A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775; (B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world; (C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community; (D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and (E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented. SEC. 3. NATIONAL MUSEUM OF THE SURFACE NAVY. (a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. <all>

Battleship Iowa National Museum of the Surface Navy Act of 2021

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes.

Battleship Iowa National Museum of the Surface Navy Act of 2021

Rep. Barragan, Nanette Diaz

D

CA

This bill designates the Battleship USS Iowa Museum located in Los Angeles, California, as the National Museum of the Surface Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battleship Iowa National Museum of the Surface Navy Act of 2021''. 2. FINDINGS. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (4) The Battleship IOWA Museum is a museum and educational institution that-- (A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships; (B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance; (C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States; (D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology; (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises; (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic; (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year; (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and (I) provides a safe place for-- (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States. SEC. NATIONAL MUSEUM OF THE SURFACE NAVY. (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. SEC. NATIONAL MUSEUM OF THE SURFACE NAVY. (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battleship Iowa National Museum of the Surface Navy Act of 2021''. 2. FINDINGS. (2) The Battleship IOWA is an iconic Surface Navy vessel that-- (A) served as home to hundreds of thousands of sailors from all 50 States; and (B) is recognized as a transformational feat of engineering and innovation. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (4) The Battleship IOWA Museum is a museum and educational institution that-- (A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships; (B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance; (C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States; (D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology; (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises; (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic; (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year; (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and (I) provides a safe place for-- (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. (6) The National Museum of the Surface Navy will-- (A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775; (B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world; (C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community; (D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and (E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented. SEC. NATIONAL MUSEUM OF THE SURFACE NAVY. (a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battleship Iowa National Museum of the Surface Navy Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Surface Navy represents the millions of sailors and thousands of ships that sail on oceans around the world to ensure the safety and freedom of Americans and all people. (2) The Battleship IOWA is an iconic Surface Navy vessel that-- (A) served as home to hundreds of thousands of sailors from all 50 States; and (B) is recognized as a transformational feat of engineering and innovation. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (4) The Battleship IOWA Museum is a museum and educational institution that-- (A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships; (B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance; (C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States; (D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology; (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises; (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic; (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year; (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and (I) provides a safe place for-- (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. (6) The National Museum of the Surface Navy will-- (A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775; (B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world; (C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community; (D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and (E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented. SEC. 3. NATIONAL MUSEUM OF THE SURFACE NAVY. (a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. <all>

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. ( NATIONAL MUSEUM OF THE SURFACE NAVY. ( (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. 5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. NATIONAL MUSEUM OF THE SURFACE NAVY. ( a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. 5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. NATIONAL MUSEUM OF THE SURFACE NAVY. ( a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. ( NATIONAL MUSEUM OF THE SURFACE NAVY. ( (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. 5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. NATIONAL MUSEUM OF THE SURFACE NAVY. ( a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. ( NATIONAL MUSEUM OF THE SURFACE NAVY. ( (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. 5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. NATIONAL MUSEUM OF THE SURFACE NAVY. ( a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. ( NATIONAL MUSEUM OF THE SURFACE NAVY. ( (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. 5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. NATIONAL MUSEUM OF THE SURFACE NAVY. ( a) Designation.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''. (

To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. ( NATIONAL MUSEUM OF THE SURFACE NAVY. ( (b) Purposes.--The purposes of the National Museum of the Surface Navy shall be to-- (1) provide and support-- (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

H.R.4451

Finance and Financial Sector

Securities Clarity Act This bill excludes an investment contract asset as being considered a security, including for disclosure and registration purposes. An investment contract asset as defined by the bill is a tangible or intangible asset sold pursuant to an investment contract that is not otherwise considered a security.

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Clarity Act''. SEC. 2. SENSE OF CONGRESS; PURPOSE. (a) Sense of Congress.--It is the sense of Congress that-- (1) among the ways that participants in the digital asset industry have raised capital and earned revenue is through arrangements in which investors provide funds for the development of blockchain-based protocols in exchange for digital assets or the future delivery of digital assets to be used in those protocols; (2) although certain of those fundraising arrangements may be deemed to be ``investment contracts'' within the meaning given to that term in section 2(a) of the Securities Act of 1933 (the ``Securities Act''), the underlying assets sold pursuant to these arrangements are frequently not themselves inherently securities as defined in section 2(a) of the Securities Act and, like other assets sold pursuant to investment contracts in the past, do not become securities as so defined merely because they are sold pursuant to an investment contract; (3) under SEC v. W.J. Howey Co., 328 U.S. 293 (1946), and its progeny, the Federal courts have consistently held that ``an investment contract, for purposes of the Securities Act, means a contract, transaction, or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party'', and have not endorsed the notion that an asset underlying an investment contract (for example, the orange groves sold in Howey) is also conferred ``security'' status merely as a result of its being sold pursuant to the relevant contract, transaction, or scheme; (4) although the distinction between an investment contract, which is a security, and the assets sold pursuant to it had been well-settled for purposes of section 2(a) of the Securities Act, the two have been unnecessarily conflated in the context of digital assets; and (5) this new approach, which conflates an investment contract and the asset sold pursuant to that contract or scheme, differs from the approach taken in many other major jurisdictions around the world, has discouraged development of the digital asset sector in the United States, and has hindered innovation in that industry here without providing concomitant benefits to those who enter into investment contracts for the purpose of acquiring digital assets. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. SEC. 3. TREATMENT OF INVESTMENT CONTRACT ASSETS. (a) Securities Act of 1933.--Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The term `security' does not include an investment contract asset.''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. (b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (c) Investment Company Act of 1940.--Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (e) Securities Investor Protection Act of 1970.--Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(14)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. <all>

Securities Clarity Act

To amend the securities laws to exclude investment contract assets from the definition of a security.

Securities Clarity Act

Rep. Emmer, Tom

R

MN

This bill excludes an investment contract asset as being considered a security, including for disclosure and registration purposes. An investment contract asset as defined by the bill is a tangible or intangible asset sold pursuant to an investment contract that is not otherwise considered a security.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Clarity Act''. SENSE OF CONGRESS; PURPOSE. Howey Co., 328 U.S. 293 (1946), and its progeny, the Federal courts have consistently held that ``an investment contract, for purposes of the Securities Act, means a contract, transaction, or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party'', and have not endorsed the notion that an asset underlying an investment contract (for example, the orange groves sold in Howey) is also conferred ``security'' status merely as a result of its being sold pursuant to the relevant contract, transaction, or scheme; (4) although the distinction between an investment contract, which is a security, and the assets sold pursuant to it had been well-settled for purposes of section 2(a) of the Securities Act, the two have been unnecessarily conflated in the context of digital assets; and (5) this new approach, which conflates an investment contract and the asset sold pursuant to that contract or scheme, differs from the approach taken in many other major jurisdictions around the world, has discouraged development of the digital asset sector in the United States, and has hindered innovation in that industry here without providing concomitant benefits to those who enter into investment contracts for the purpose of acquiring digital assets. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. SEC. 3. TREATMENT OF INVESTMENT CONTRACT ASSETS. (a) Securities Act of 1933.--Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The term `security' does not include an investment contract asset. (b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. (d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. (e) Securities Investor Protection Act of 1970.--Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS; PURPOSE. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. SEC. 3. TREATMENT OF INVESTMENT CONTRACT ASSETS. (a) Securities Act of 1933.--Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The term `security' does not include an investment contract asset. (b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. (d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. (e) Securities Investor Protection Act of 1970.--Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C.

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Clarity Act''. SENSE OF CONGRESS; PURPOSE. (a) Sense of Congress.--It is the sense of Congress that-- (1) among the ways that participants in the digital asset industry have raised capital and earned revenue is through arrangements in which investors provide funds for the development of blockchain-based protocols in exchange for digital assets or the future delivery of digital assets to be used in those protocols; (2) although certain of those fundraising arrangements may be deemed to be ``investment contracts'' within the meaning given to that term in section 2(a) of the Securities Act of 1933 (the ``Securities Act''), the underlying assets sold pursuant to these arrangements are frequently not themselves inherently securities as defined in section 2(a) of the Securities Act and, like other assets sold pursuant to investment contracts in the past, do not become securities as so defined merely because they are sold pursuant to an investment contract; (3) under SEC v. W.J. Howey Co., 328 U.S. 293 (1946), and its progeny, the Federal courts have consistently held that ``an investment contract, for purposes of the Securities Act, means a contract, transaction, or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party'', and have not endorsed the notion that an asset underlying an investment contract (for example, the orange groves sold in Howey) is also conferred ``security'' status merely as a result of its being sold pursuant to the relevant contract, transaction, or scheme; (4) although the distinction between an investment contract, which is a security, and the assets sold pursuant to it had been well-settled for purposes of section 2(a) of the Securities Act, the two have been unnecessarily conflated in the context of digital assets; and (5) this new approach, which conflates an investment contract and the asset sold pursuant to that contract or scheme, differs from the approach taken in many other major jurisdictions around the world, has discouraged development of the digital asset sector in the United States, and has hindered innovation in that industry here without providing concomitant benefits to those who enter into investment contracts for the purpose of acquiring digital assets. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. SEC. 3. TREATMENT OF INVESTMENT CONTRACT ASSETS. (a) Securities Act of 1933.--Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The term `security' does not include an investment contract asset. ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. (b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. (c) Investment Company Act of 1940.--Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. (d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (e) Securities Investor Protection Act of 1970.--Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C.

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Clarity Act''. SEC. 2. SENSE OF CONGRESS; PURPOSE. (a) Sense of Congress.--It is the sense of Congress that-- (1) among the ways that participants in the digital asset industry have raised capital and earned revenue is through arrangements in which investors provide funds for the development of blockchain-based protocols in exchange for digital assets or the future delivery of digital assets to be used in those protocols; (2) although certain of those fundraising arrangements may be deemed to be ``investment contracts'' within the meaning given to that term in section 2(a) of the Securities Act of 1933 (the ``Securities Act''), the underlying assets sold pursuant to these arrangements are frequently not themselves inherently securities as defined in section 2(a) of the Securities Act and, like other assets sold pursuant to investment contracts in the past, do not become securities as so defined merely because they are sold pursuant to an investment contract; (3) under SEC v. W.J. Howey Co., 328 U.S. 293 (1946), and its progeny, the Federal courts have consistently held that ``an investment contract, for purposes of the Securities Act, means a contract, transaction, or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party'', and have not endorsed the notion that an asset underlying an investment contract (for example, the orange groves sold in Howey) is also conferred ``security'' status merely as a result of its being sold pursuant to the relevant contract, transaction, or scheme; (4) although the distinction between an investment contract, which is a security, and the assets sold pursuant to it had been well-settled for purposes of section 2(a) of the Securities Act, the two have been unnecessarily conflated in the context of digital assets; and (5) this new approach, which conflates an investment contract and the asset sold pursuant to that contract or scheme, differs from the approach taken in many other major jurisdictions around the world, has discouraged development of the digital asset sector in the United States, and has hindered innovation in that industry here without providing concomitant benefits to those who enter into investment contracts for the purpose of acquiring digital assets. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. SEC. 3. TREATMENT OF INVESTMENT CONTRACT ASSETS. (a) Securities Act of 1933.--Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The term `security' does not include an investment contract asset.''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. (b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (c) Investment Company Act of 1940.--Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (e) Securities Investor Protection Act of 1970.--Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(14)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. <all>

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. TREATMENT OF INVESTMENT CONTRACT ASSETS. ( ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. ( b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. TREATMENT OF INVESTMENT CONTRACT ASSETS. ( ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. ( b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. TREATMENT OF INVESTMENT CONTRACT ASSETS. ( ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. ( b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. TREATMENT OF INVESTMENT CONTRACT ASSETS. ( ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. ( b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. TREATMENT OF INVESTMENT CONTRACT ASSETS. ( ''; and (2) by adding at the end the following: ``(20) The term `investment contact asset' means an asset, whether tangible or intangible, including assets in digital form-- ``(A) sold or otherwise transferred, or intended to be sold or otherwise transferred, pursuant to an investment contract; and ``(B) that is not otherwise a security pursuant to the first sentence of paragraph (1).''. ( b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

To amend the securities laws to exclude investment contract assets from the definition of a security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Purpose.--The purpose of this Act is to clarify and codify that an asset sold pursuant to an investment contract, whether tangible or intangible (including an asset in digital form), that is not otherwise a security under the Act, does not become a security as a result of being sold or otherwise transferred pursuant to an investment contract. b) Investment Advisers Act of 1940.--Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( 80a-2(a)(36)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. ( d) Securities Exchange Act of 1934.--Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: ``The term `security' does not include an investment contract asset (as such term is defined under section 2(a) of the Securities Act of 1933).''. (

S.4289

Labor and Employment

Locked Out Workers Healthcare Protection Act This bill prohibits an employer from terminating or altering the employer-provided health insurance coverage of an employee during the period that the employer is taking action to lock out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike. An employer that violates this prohibition is generally subject to a maximum civil penalty of $75,000 for each violation.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locked Out Workers Healthcare Protection Act''. SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A LOCK-OUT. (a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. (b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. (c) Penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (1) by striking ``Sec. 12. Any person'' and inserting the following: ``SEC. 12. PENALTIES. ``(a) Violations for Interference With the Board.--Any person''; and (2) by adding at the end the following: ``(b) Civil Penalties for Unfair Labor Practices Related to Coverage Under a Group Health Plan During a Lock-Out.--Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''. <all>

Locked Out Workers Healthcare Protection Act

A bill to prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes.

Locked Out Workers Healthcare Protection Act

Sen. Brown, Sherrod

D

OH

This bill prohibits an employer from terminating or altering the employer-provided health insurance coverage of an employee during the period that the employer is taking action to lock out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike. An employer that violates this prohibition is generally subject to a maximum civil penalty of $75,000 for each violation.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locked Out Workers Healthcare Protection Act''. SEC. 2. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. 1167(1)).''. (c) Penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. PENALTIES. ``(a) Violations for Interference With the Board.--Any person''; and (2) by adding at the end the following: ``(b) Civil Penalties for Unfair Labor Practices Related to Coverage Under a Group Health Plan During a Lock-Out.--Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1167(1)).''. (c) Penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. PENALTIES. ``(a) Violations for Interference With the Board.--Any person''; and (2) by adding at the end the following: ``(b) Civil Penalties for Unfair Labor Practices Related to Coverage Under a Group Health Plan During a Lock-Out.--Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locked Out Workers Healthcare Protection Act''. SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A LOCK-OUT. (a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. (b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. (c) Penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (1) by striking ``Sec. 12. Any person'' and inserting the following: ``SEC. 12. PENALTIES. ``(a) Violations for Interference With the Board.--Any person''; and (2) by adding at the end the following: ``(b) Civil Penalties for Unfair Labor Practices Related to Coverage Under a Group Health Plan During a Lock-Out.--Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''. <all>

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locked Out Workers Healthcare Protection Act''. SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A LOCK-OUT. (a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. (b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. (c) Penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (1) by striking ``Sec. 12. Any person'' and inserting the following: ``SEC. 12. PENALTIES. ``(a) Violations for Interference With the Board.--Any person''; and (2) by adding at the end the following: ``(b) Civil Penalties for Unfair Labor Practices Related to Coverage Under a Group Health Plan During a Lock-Out.--Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''. <all>

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. ( 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. ( A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. ( A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. ( 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. ( A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. ( 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. ( A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. ( 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. a) In General.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike.''. ( A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest.

To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes. b) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the following: ``(15) The term `group health plan' has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).''. ( 162) is amended-- (1) by striking ``Sec. Any person'' and inserting the following: ``SEC. ``(c) Considerations.--In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider-- ``(1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; ``(2) the size of the employer; ``(3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and ``(4) the public interest. ``(d) Director and Officer Liability.--If the Board determines, based on the particular facts and circumstances presented, that a director or officer's personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.''.

S.2430

Taxation

Water Conservation Rebate Tax Parity Act This bill expands the tax exclusion for energy conservation subsidies provided by public utilities to include certain subsidies for water conservation or efficiency measures and storm water management measures. The bill excludes from gross income subsidies provided (directly or indirectly) (1) by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. SEC. 2. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES. (a) In General.--Subsection (a) of section 136 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``any subsidy provided'' and inserting ``any subsidy-- ``(1) provided'', (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new paragraphs: ``(2) provided (directly or indirectly) by a public utility to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any water conservation or efficiency measure, or ``(3) provided (directly or indirectly) by a storm water management provider to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any storm water management measure.''. (b) Conforming Amendments.-- (1) Definition of water conservation or efficiency measure and storm water management measure.--Section 136(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Energy Conservation Measure'' in the heading thereof and inserting ``Definitions'', (B) by striking ``In general'' in the heading of paragraph (1) and inserting ``Energy conservation measure'', and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: ``(2) Water conservation or efficiency measure.--For purposes of this section, the term `water conservation or efficiency measure' means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. (2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. ``(D) Person.--For purposes of subparagraphs (B) and (C), the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.''. (3) Clerical amendments.-- (A) The heading of section 136 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2021. (d) No Inference.--Nothing in this Act or the amendments made by this Act shall be construed to create any inference with respect to the proper tax treatment of any subsidy received directly or indirectly from a public utility, a storm water management provider, or a State or local government for any water conservation measure or storm water management measure before January 1, 2022. <all>

Water Conservation Rebate Tax Parity Act

A bill to amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures.

Water Conservation Rebate Tax Parity Act

Sen. Feinstein, Dianne

D

CA

This bill expands the tax exclusion for energy conservation subsidies provided by public utilities to include certain subsidies for water conservation or efficiency measures and storm water management measures. The bill excludes from gross income subsidies provided (directly or indirectly) (1) by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. SEC. 2. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES. (a) In General.--Subsection (a) of section 136 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``any subsidy provided'' and inserting ``any subsidy-- ``(1) provided'', (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new paragraphs: ``(2) provided (directly or indirectly) by a public utility to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any water conservation or efficiency measure, or ``(3) provided (directly or indirectly) by a storm water management provider to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any storm water management measure.''. (b) Conforming Amendments.-- (1) Definition of water conservation or efficiency measure and storm water management measure.--Section 136(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Energy Conservation Measure'' in the heading thereof and inserting ``Definitions'', (B) by striking ``In general'' in the heading of paragraph (1) and inserting ``Energy conservation measure'', and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: ``(2) Water conservation or efficiency measure.--For purposes of this section, the term `water conservation or efficiency measure' means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. ``(D) Person.--For purposes of subparagraphs (B) and (C), the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.''. (3) Clerical amendments.-- (A) The heading of section 136 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. SEC. 2. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES. (b) Conforming Amendments.-- (1) Definition of water conservation or efficiency measure and storm water management measure.--Section 136(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Energy Conservation Measure'' in the heading thereof and inserting ``Definitions'', (B) by striking ``In general'' in the heading of paragraph (1) and inserting ``Energy conservation measure'', and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: ``(2) Water conservation or efficiency measure.--For purposes of this section, the term `water conservation or efficiency measure' means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. ``(D) Person.--For purposes of subparagraphs (B) and (C), the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.''. (3) Clerical amendments.-- (A) The heading of section 136 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2021.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. SEC. 2. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES. (a) In General.--Subsection (a) of section 136 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``any subsidy provided'' and inserting ``any subsidy-- ``(1) provided'', (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new paragraphs: ``(2) provided (directly or indirectly) by a public utility to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any water conservation or efficiency measure, or ``(3) provided (directly or indirectly) by a storm water management provider to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any storm water management measure.''. (b) Conforming Amendments.-- (1) Definition of water conservation or efficiency measure and storm water management measure.--Section 136(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Energy Conservation Measure'' in the heading thereof and inserting ``Definitions'', (B) by striking ``In general'' in the heading of paragraph (1) and inserting ``Energy conservation measure'', and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: ``(2) Water conservation or efficiency measure.--For purposes of this section, the term `water conservation or efficiency measure' means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. (2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. ``(D) Person.--For purposes of subparagraphs (B) and (C), the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.''. (3) Clerical amendments.-- (A) The heading of section 136 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2021. (d) No Inference.--Nothing in this Act or the amendments made by this Act shall be construed to create any inference with respect to the proper tax treatment of any subsidy received directly or indirectly from a public utility, a storm water management provider, or a State or local government for any water conservation measure or storm water management measure before January 1, 2022. <all>

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. SEC. 2. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES. (a) In General.--Subsection (a) of section 136 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``any subsidy provided'' and inserting ``any subsidy-- ``(1) provided'', (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new paragraphs: ``(2) provided (directly or indirectly) by a public utility to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any water conservation or efficiency measure, or ``(3) provided (directly or indirectly) by a storm water management provider to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any storm water management measure.''. (b) Conforming Amendments.-- (1) Definition of water conservation or efficiency measure and storm water management measure.--Section 136(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Energy Conservation Measure'' in the heading thereof and inserting ``Definitions'', (B) by striking ``In general'' in the heading of paragraph (1) and inserting ``Energy conservation measure'', and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: ``(2) Water conservation or efficiency measure.--For purposes of this section, the term `water conservation or efficiency measure' means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. (2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. ``(D) Person.--For purposes of subparagraphs (B) and (C), the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.''. (3) Clerical amendments.-- (A) The heading of section 136 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2021. (d) No Inference.--Nothing in this Act or the amendments made by this Act shall be construed to create any inference with respect to the proper tax treatment of any subsidy received directly or indirectly from a public utility, a storm water management provider, or a State or local government for any water conservation measure or storm water management measure before January 1, 2022. <all>

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers.

To amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures. This Act may be cited as the ``Water Conservation Rebate Tax Parity Act''. ``(3) Storm water management measure.--For purposes of this section, the term `storm water management measure' means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units.''. ( 2) Definition of public utility.--Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: ``(B) Public utility.--The term `public utility' means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. ``(C) Storm water management provider.--The term `storm water management provider' means a person engaged in the provision of storm water management measures to the public. B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended-- (i) by inserting ``and water'' after ``energy'', and (ii) by striking ``provided by public utilities''. (

S.4695

Water Resources Development

Western Water Cooperative Committee Act This bill directs the U.S. Army Corps of Engineers to establish a Western Water Cooperative Committee. The committee must make recommendations to avoid or minimize conflicts between corps projects and state water rights and laws.

To establish a Western Water Cooperative Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Water Cooperative Committee Act''. SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE. (a) Findings.--Congress finds that-- (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 33 U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership.-- (A) In general.--The Cooperative Committee shall be composed of-- (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification.--The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties.--The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates.-- (A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes-- (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. <all>

Western Water Cooperative Committee Act

A bill to establish a Western Water Cooperative Committee, and for other purposes.

Western Water Cooperative Committee Act

Sen. Cramer, Kevin

R

ND

This bill directs the U.S. Army Corps of Engineers to establish a Western Water Cooperative Committee. The committee must make recommendations to avoid or minimize conflicts between corps projects and state water rights and laws.

SHORT TITLE. SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE. (a) Findings.--Congress finds that-- (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply'' (81 Fed. Reg. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership.-- (A) In general.--The Cooperative Committee shall be composed of-- (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public. (6) Status updates.-- (A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes-- (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

SHORT TITLE. SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE. Reg. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership.-- (A) In general.--The Cooperative Committee shall be composed of-- (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE. (a) Findings.--Congress finds that-- (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 33 U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership.-- (A) In general.--The Cooperative Committee shall be composed of-- (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification.--The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties.--The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates.-- (A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes-- (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Water Cooperative Committee Act''. SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE. (a) Findings.--Congress finds that-- (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 33 U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). (2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership.-- (A) In general.--The Cooperative Committee shall be composed of-- (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public.--Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification.--The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties.--The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates.-- (A) In general.--On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes-- (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. <all>

To establish a Western Water Cooperative Committee, and for other purposes. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. ( (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. ( (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. ( B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (

To establish a Western Water Cooperative Committee, and for other purposes. b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). ( 8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). ( 8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. ( (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. ( (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. ( B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (

To establish a Western Water Cooperative Committee, and for other purposes. b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). ( 8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. ( (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. ( (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. ( B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (

To establish a Western Water Cooperative Committee, and for other purposes. b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). ( 8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. ( (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. ( (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. ( B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (

To establish a Western Water Cooperative Committee, and for other purposes. b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion.--Comments provided under clause (i) shall be included in the report provided under subparagraph (A). ( 8) Maintenance of records.--The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

To establish a Western Water Cooperative Committee, and for other purposes. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. (b) Establishment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a Western Water Cooperative Committee (referred to in this section as the ``Cooperative Committee''). ( 2) Purpose.--The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. ( (4) Meetings.-- (A) In general.--The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. ( B) Comment.-- (i) In general.--Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. ( (7) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. ( B) Travel expenses.--The members of the Cooperative Committee 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 Cooperative Committee. (

H.R.1024

Commerce

COVID-19 Supply Chain Resiliency Act of 2021 This bill establishes the Office of COVID-19 Supply Chain Resiliency to identify and address supply chain issues related to the COVID-19 (i.e., coronavirus disease 2019) pandemic. Specifically, the office must establish a national strategy to address identified supply chain issues related to the pandemic, serve as a central point of contact for and provide technical assistance to entities dealing with these issues, and develop legislative recommendations to strengthen critical supply chains for pandemics. The office shall cease to exist 18 months after the COVID-19 public health emergency (and any renewal thereof) is terminated.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Supply Chain Resiliency Act of 2021''. SEC. 2. OFFICE OF COVID-19 SUPPLY CHAIN RESILIENCY. (a) Establishment of Office.--There is established in the Executive Office of the President the Office of COVID-19 Supply Chain Resiliency (in this section referred to as ``the Office''). (b) Director.-- (1) In general.--There shall be at the head of the Office a Director who shall be appointed by the President. (2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. (3) Vacancy.--A vacancy in the position of Director shall be filled not later than 60 days after the date on which the vacancy occurs and shall be filled in the same manner in which the original appointment was made. (c) Deputy Directors.-- (1) Types of deputy directors.--To assist the Director in carrying out the functions of this Act, the Director shall appoint Deputy Directors as follows: (A) The Deputy Director for the Medical Supply Chain. (B) The Deputy Director for the Food Supply Chain. (C) The Deputy Director for the Industrial Supply Chain. (D) The Deputy Director for Interagency Coordination. (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (d) Functions.--The functions of the Office are to-- (1) identify supply chain issues related the COVID-19 pandemic; (2) not later than 60 days after the establishment of the Office, establish a national strategy to address such supply chain issues, in consultation with-- (A) the heads of other agencies of the Federal Government, including-- (i) the Secretary of Agriculture; (ii) the Secretary of Commerce; (iii) the Secretary of Defense; (iv) the Secretary of Health and Human Services; (v) the Secretary of Homeland Security; (vi) the Secretary of Labor; (vii) the Secretary of Transportation; (viii) the Secretary of the Treasury; (ix) the Administrator of the Environmental Protection Agency; (x) the Administrator of the Federal Emergency Management Agency; (xi) the Federal Trade Commission; (xii) the Administrator of the Small Business Administration; and (xiii) the United States Trade Representative; (B) persons or private sector entities that transport products by air, water, rail, and road; (C) manufacturers of durable consumer products; (D) producers of agricultural products; (E) manufacturers and distributors of drugs, devices, and other medical products and supplies; and (F) manufacturers, producers, and distributors of other supplies critical to national security and the COVID-19 pandemic; (3) serve as a central point of contact for Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; (4) provide technical assistance to Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; and (5) develop legislative recommendations to strengthen critical supply chains for pandemics, including the COVID-19 pandemic. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. (f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates. <all>

COVID–19 Supply Chain Resiliency Act of 2021

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes.

COVID–19 Supply Chain Resiliency Act of 2021

Rep. Schneider, Bradley Scott

D

IL

This bill establishes the Office of COVID-19 Supply Chain Resiliency to identify and address supply chain issues related to the COVID-19 (i.e., coronavirus disease 2019) pandemic. Specifically, the office must establish a national strategy to address identified supply chain issues related to the pandemic, serve as a central point of contact for and provide technical assistance to entities dealing with these issues, and develop legislative recommendations to strengthen critical supply chains for pandemics. The office shall cease to exist 18 months after the COVID-19 public health emergency (and any renewal thereof) is terminated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. OFFICE OF COVID-19 SUPPLY CHAIN RESILIENCY. (b) Director.-- (1) In general.--There shall be at the head of the Office a Director who shall be appointed by the President. (3) Vacancy.--A vacancy in the position of Director shall be filled not later than 60 days after the date on which the vacancy occurs and shall be filled in the same manner in which the original appointment was made. (D) The Deputy Director for Interagency Coordination. (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (d) Functions.--The functions of the Office are to-- (1) identify supply chain issues related the COVID-19 pandemic; (2) not later than 60 days after the establishment of the Office, establish a national strategy to address such supply chain issues, in consultation with-- (A) the heads of other agencies of the Federal Government, including-- (i) the Secretary of Agriculture; (ii) the Secretary of Commerce; (iii) the Secretary of Defense; (iv) the Secretary of Health and Human Services; (v) the Secretary of Homeland Security; (vi) the Secretary of Labor; (vii) the Secretary of Transportation; (viii) the Secretary of the Treasury; (ix) the Administrator of the Environmental Protection Agency; (x) the Administrator of the Federal Emergency Management Agency; (xi) the Federal Trade Commission; (xii) the Administrator of the Small Business Administration; and (xiii) the United States Trade Representative; (B) persons or private sector entities that transport products by air, water, rail, and road; (C) manufacturers of durable consumer products; (D) producers of agricultural products; (E) manufacturers and distributors of drugs, devices, and other medical products and supplies; and (F) manufacturers, producers, and distributors of other supplies critical to national security and the COVID-19 pandemic; (3) serve as a central point of contact for Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; (4) provide technical assistance to Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; and (5) develop legislative recommendations to strengthen critical supply chains for pandemics, including the COVID-19 pandemic. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. (f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

OFFICE OF COVID-19 SUPPLY CHAIN RESILIENCY. (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. (f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Supply Chain Resiliency Act of 2021''. SEC. 2. OFFICE OF COVID-19 SUPPLY CHAIN RESILIENCY. (a) Establishment of Office.--There is established in the Executive Office of the President the Office of COVID-19 Supply Chain Resiliency (in this section referred to as ``the Office''). (b) Director.-- (1) In general.--There shall be at the head of the Office a Director who shall be appointed by the President. (2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. (3) Vacancy.--A vacancy in the position of Director shall be filled not later than 60 days after the date on which the vacancy occurs and shall be filled in the same manner in which the original appointment was made. (c) Deputy Directors.-- (1) Types of deputy directors.--To assist the Director in carrying out the functions of this Act, the Director shall appoint Deputy Directors as follows: (A) The Deputy Director for the Medical Supply Chain. (B) The Deputy Director for the Food Supply Chain. (C) The Deputy Director for the Industrial Supply Chain. (D) The Deputy Director for Interagency Coordination. (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (d) Functions.--The functions of the Office are to-- (1) identify supply chain issues related the COVID-19 pandemic; (2) not later than 60 days after the establishment of the Office, establish a national strategy to address such supply chain issues, in consultation with-- (A) the heads of other agencies of the Federal Government, including-- (i) the Secretary of Agriculture; (ii) the Secretary of Commerce; (iii) the Secretary of Defense; (iv) the Secretary of Health and Human Services; (v) the Secretary of Homeland Security; (vi) the Secretary of Labor; (vii) the Secretary of Transportation; (viii) the Secretary of the Treasury; (ix) the Administrator of the Environmental Protection Agency; (x) the Administrator of the Federal Emergency Management Agency; (xi) the Federal Trade Commission; (xii) the Administrator of the Small Business Administration; and (xiii) the United States Trade Representative; (B) persons or private sector entities that transport products by air, water, rail, and road; (C) manufacturers of durable consumer products; (D) producers of agricultural products; (E) manufacturers and distributors of drugs, devices, and other medical products and supplies; and (F) manufacturers, producers, and distributors of other supplies critical to national security and the COVID-19 pandemic; (3) serve as a central point of contact for Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; (4) provide technical assistance to Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; and (5) develop legislative recommendations to strengthen critical supply chains for pandemics, including the COVID-19 pandemic. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. (f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates. <all>

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Supply Chain Resiliency Act of 2021''. SEC. 2. OFFICE OF COVID-19 SUPPLY CHAIN RESILIENCY. (a) Establishment of Office.--There is established in the Executive Office of the President the Office of COVID-19 Supply Chain Resiliency (in this section referred to as ``the Office''). (b) Director.-- (1) In general.--There shall be at the head of the Office a Director who shall be appointed by the President. (2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. (3) Vacancy.--A vacancy in the position of Director shall be filled not later than 60 days after the date on which the vacancy occurs and shall be filled in the same manner in which the original appointment was made. (c) Deputy Directors.-- (1) Types of deputy directors.--To assist the Director in carrying out the functions of this Act, the Director shall appoint Deputy Directors as follows: (A) The Deputy Director for the Medical Supply Chain. (B) The Deputy Director for the Food Supply Chain. (C) The Deputy Director for the Industrial Supply Chain. (D) The Deputy Director for Interagency Coordination. (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (d) Functions.--The functions of the Office are to-- (1) identify supply chain issues related the COVID-19 pandemic; (2) not later than 60 days after the establishment of the Office, establish a national strategy to address such supply chain issues, in consultation with-- (A) the heads of other agencies of the Federal Government, including-- (i) the Secretary of Agriculture; (ii) the Secretary of Commerce; (iii) the Secretary of Defense; (iv) the Secretary of Health and Human Services; (v) the Secretary of Homeland Security; (vi) the Secretary of Labor; (vii) the Secretary of Transportation; (viii) the Secretary of the Treasury; (ix) the Administrator of the Environmental Protection Agency; (x) the Administrator of the Federal Emergency Management Agency; (xi) the Federal Trade Commission; (xii) the Administrator of the Small Business Administration; and (xiii) the United States Trade Representative; (B) persons or private sector entities that transport products by air, water, rail, and road; (C) manufacturers of durable consumer products; (D) producers of agricultural products; (E) manufacturers and distributors of drugs, devices, and other medical products and supplies; and (F) manufacturers, producers, and distributors of other supplies critical to national security and the COVID-19 pandemic; (3) serve as a central point of contact for Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; (4) provide technical assistance to Federal and non-Federal entities seeking technical assistance with respect to supply chain issues related to the COVID-19 pandemic; and (5) develop legislative recommendations to strengthen critical supply chains for pandemics, including the COVID-19 pandemic. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. (f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates. <all>

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( B) The Deputy Director for the Food Supply Chain. ( (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( C) The Deputy Director for the Industrial Supply Chain. ( e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( C) The Deputy Director for the Industrial Supply Chain. ( e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( B) The Deputy Director for the Food Supply Chain. ( (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( C) The Deputy Director for the Industrial Supply Chain. ( e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( B) The Deputy Director for the Food Supply Chain. ( (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( C) The Deputy Director for the Industrial Supply Chain. ( e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( B) The Deputy Director for the Food Supply Chain. ( (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( C) The Deputy Director for the Industrial Supply Chain. ( e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

To establish the Office of COVID-19 Supply Chain Resiliency, and for other purposes. 2) Appointment of first director.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Director. ( B) The Deputy Director for the Food Supply Chain. ( (2) Additional deputy directors.--The Director may appoint additional Deputy Directors as the Director determines necessary. (e) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report to Congress on-- (1) any supply chain issues identified under paragraph (1) of subsection (d); (2) the national strategy established under such subsection; and (3) any legislative recommendation developed under such subsection. ( f) Termination.--The Office established under this section shall terminate on the date that is 18 months after the date on which the Public Health Emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247) as a result of COVID-19 pandemic, and any renewal thereof, terminates.

H.R.4611

Government Operations and Politics

DHS Software Supply Chain Risk Management Act of 2021 This bill requires the Management Directorate of the Department of Homeland Security (DHS) to issue guidance regarding new and existing contracts relating to the procurement of information and communications technology or services. The bill requires contractors to submit to DHS a bill of materials, a certification that each item in the bill of materials is free from certain security vulnerabilities or defects affecting the security of the end product or service, a notification of any identified vulnerability or defect, and a plan to mitigate, repair, or resolve any identified vulnerability or defect. The Government Accountability Office must report to specified congressional committees with (1) a review of this bill's implementation; (2) information regarding DHS engagement with industry; (3) an assessment of how guidance issued pursuant to this bill complies with Executive Order 14208, relating to improving the nation's cybersecurity; and (4) any recommendations related to improving the supply chain for covered contracts.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Software Supply Chain Risk Management Act of 2021''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY GUIDANCE WITH RESPECT TO CERTAIN INFORMATION AND COMMUNICATIONS TECHNOLOGY OR SERVICES CONTRACTS. (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts. (b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). (c) Existing Covered Contracts.--In developing guidance under subsection (a), with respect to each existing covered contract, each contractor with an existing covered contract shall submit to the covered officer-- (1) the bill of materials used for such contract, upon the request of such officer; and (2) the certification and notifications described in subsection (e). (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. (e) Certification and Notifications.--The certification and notifications referred to in subsections (b)(2) and (c)(2), with respect to a covered contract, are the following: (1) A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in-- (A) the National Institute of Standards and Technology National Vulnerability Database; and (B) any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software. (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. (3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. (h) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes-- (1) a review of the implementation of this section; (2) information relating to the engagement of the Department of Homeland Security with industry; (3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity); and (4) any recommendations relating to improving the supply chain with respect to covered contracts. (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (3) Covered information and communications technology or services.--The term ``covered information and communications technology or services'' means the terms-- (A) ``information technology'' (as such term is defined in section 11101(6) of title 40, United States Code); (B) ``information system'' (as such term is defined in section 3502(8) of title 44, United States Code); (C) ``telecommunications equipment'' (as such term is defined in section 3(52) of the Communications Act of 1934 (47 U.S.C. 153(52))); and (D) ``telecommunications service'' (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))). (4) Covered officer.--The term ``covered officer'' means-- (A) a contracting officer of the Department; and (B) any other official of the Department as determined appropriate by the Under Secretary. (5) Software.--The term ``software'' means computer programs and associated data that may be dynamically written or modified during execution. (6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

DHS Software Supply Chain Risk Management Act of 2021

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes.

DHS Software Supply Chain Risk Management Act of 2021 DHS Software Supply Chain Risk Management Act of 2021 DHS Software Supply Chain Risk Management Act of 2021 DHS Software Supply Chain Risk Management Act of 2021

Rep. Torres, Ritchie

D

NY

This bill requires the Management Directorate of the Department of Homeland Security (DHS) to issue guidance regarding new and existing contracts relating to the procurement of information and communications technology or services. The bill requires contractors to submit to DHS a bill of materials, a certification that each item in the bill of materials is free from certain security vulnerabilities or defects affecting the security of the end product or service, a notification of any identified vulnerability or defect, and a plan to mitigate, repair, or resolve any identified vulnerability or defect. The Government Accountability Office must report to specified congressional committees with (1) a review of this bill's implementation; (2) information regarding DHS engagement with industry; (3) an assessment of how guidance issued pursuant to this bill complies with Executive Order 14208, relating to improving the nation's cybersecurity; and (4) any recommendations related to improving the supply chain for covered contracts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Software Supply Chain Risk Management Act of 2021''. (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts. (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. (h) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes-- (1) a review of the implementation of this section; (2) information relating to the engagement of the Department of Homeland Security with industry; (3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity); and (4) any recommendations relating to improving the supply chain with respect to covered contracts. (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. 153(52))); and (D) ``telecommunications service'' (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))). (5) Software.--The term ``software'' means computer programs and associated data that may be dynamically written or modified during execution. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Software Supply Chain Risk Management Act of 2021''. (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts. (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. Reg. 26633; relating to improving the nation's cybersecurity); and (4) any recommendations relating to improving the supply chain with respect to covered contracts. (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. 153(52))); and (D) ``telecommunications service'' (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))). (5) Software.--The term ``software'' means computer programs and associated data that may be dynamically written or modified during execution. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Software Supply Chain Risk Management Act of 2021''. (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts. (b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). (e) Certification and Notifications.--The certification and notifications referred to in subsections (b)(2) and (c)(2), with respect to a covered contract, are the following: (1) A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in-- (A) the National Institute of Standards and Technology National Vulnerability Database; and (B) any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software. (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. (3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. (h) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes-- (1) a review of the implementation of this section; (2) information relating to the engagement of the Department of Homeland Security with industry; (3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity); and (4) any recommendations relating to improving the supply chain with respect to covered contracts. (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. 153(52))); and (D) ``telecommunications service'' (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))). (5) Software.--The term ``software'' means computer programs and associated data that may be dynamically written or modified during execution. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Software Supply Chain Risk Management Act of 2021''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY GUIDANCE WITH RESPECT TO CERTAIN INFORMATION AND COMMUNICATIONS TECHNOLOGY OR SERVICES CONTRACTS. (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts. (b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). (c) Existing Covered Contracts.--In developing guidance under subsection (a), with respect to each existing covered contract, each contractor with an existing covered contract shall submit to the covered officer-- (1) the bill of materials used for such contract, upon the request of such officer; and (2) the certification and notifications described in subsection (e). (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. (e) Certification and Notifications.--The certification and notifications referred to in subsections (b)(2) and (c)(2), with respect to a covered contract, are the following: (1) A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in-- (A) the National Institute of Standards and Technology National Vulnerability Database; and (B) any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software. (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. (3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. (h) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes-- (1) a review of the implementation of this section; (2) information relating to the engagement of the Department of Homeland Security with industry; (3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity); and (4) any recommendations relating to improving the supply chain with respect to covered contracts. (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (3) Covered information and communications technology or services.--The term ``covered information and communications technology or services'' means the terms-- (A) ``information technology'' (as such term is defined in section 11101(6) of title 40, United States Code); (B) ``information system'' (as such term is defined in section 3502(8) of title 44, United States Code); (C) ``telecommunications equipment'' (as such term is defined in section 3(52) of the Communications Act of 1934 (47 U.S.C. 153(52))); and (D) ``telecommunications service'' (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))). (4) Covered officer.--The term ``covered officer'' means-- (A) a contracting officer of the Department; and (B) any other official of the Department as determined appropriate by the Under Secretary. (5) Software.--The term ``software'' means computer programs and associated data that may be dynamically written or modified during execution. (6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. ( 3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. ( (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. ( 6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( 2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. ( f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. ( 2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( 2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. ( f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. ( 2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. ( 3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. ( (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. ( 6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( 2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. ( f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. ( 2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. ( 3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. ( (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. ( 6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( 2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. ( f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. ( 2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. ( 3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. ( (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. ( 6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021.

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( 2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through-- (A) the certification of such submitted bill of materials required under paragraph (1); or (B) any other manner of identification. ( f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( (i) Definitions.--In this section: (1) Bill of materials.--The term ``bill of materials'' means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary. ( 2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. (

To direct the Secretary of Homeland Security to issue guidance with respect to certain information and communications technology or services contracts, and for other purposes. b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer-- (1) a planned bill of materials when submitting a bid proposal; and (2) the certification and notifications described in subsection (e). ( (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner. ( 3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2). (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to-- (1) the processes available to such officers enforcing subsections (b) and (c); and (2) when such processes should be used. ( g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section. ( (2) Covered contract.--The term ``covered contract'' means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security. ( 6) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department of Homeland Security. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives October 20, 2021.

S.4688

Civil Rights and Liberties, Minority Issues

Reproductive Freedom for All Act This bill establishes a general right of all persons to make certain reproductive decisions without undue government interference. It specifically provides statutory authority for the Supreme Court's prior holdings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. In Roe, the Court held that the Constitution protects a woman's decision to terminate her pregnancy. In Casey, the Court reaffirmed this holding and additionally held that state abortion regulations may not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability (i.e., an undue burden). However, a state may (1) restrict abortions after viability, except when a pregnancy endangers the life or health of the woman; and (2) enact regulations to further the health or safety of a woman seeking an abortion, except for unnecessary health regulations that present a substantial obstacle to a woman seeking an abortion. Additionally, the bill provides statutory authority for the Court's holdings in Griswold v. Connecticut (the right of married couples to obtain contraception), Eisenstadt v. Baird (the right of single persons to obtain contraception), Carey v. Population Services International (the right of minors to obtain contraception), and Whole Woman's Health v. Hellerstedt (that certain state restrictions on abortion facilities and providers created an undue burden). The bill allows the Department of Justice or any person adversely affected by a state law that violates this bill to seek injunctive relief. It also specifies that the bill does not affect laws regarding conscience protection.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Freedom for All Act''. SEC. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). SEC. 3. FINDINGS. Congress finds the following: (1) For decades, the Supreme Court of the United States has held that the liberty protected by the Fourteenth Amendment encompasses a right to make certain reproductive decisions without undue government interference. (2) While these precedents have advanced slightly different constitutional rationales, and have acknowledged that some government regulation is acceptable, they have created a society whereby Americans expect to make certain reproductive decisions without undue government interference. Generations of American women have relied on the fact that they have the freedom to make such choices as a matter of fundamental personal right. (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. (5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. By continuing to protect their reliance on fundamental reproductive rights, such a guarantee will improve the general welfare for generations of American women. (6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. SEC. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority.--A State-- (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). (c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. SEC. 5. ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. SEC. 7. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. <all>

Reproductive Freedom for All Act

A bill to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference.

Reproductive Freedom for All Act

Sen. Kaine, Tim

D

VA

This bill establishes a general right of all persons to make certain reproductive decisions without undue government interference. It specifically provides statutory authority for the Supreme Court's prior holdings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. In Roe, the Court held that the Constitution protects a woman's decision to terminate her pregnancy. In Casey, the Court reaffirmed this holding and additionally held that state abortion regulations may not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability (i.e., an undue burden). However, a state may (1) restrict abortions after viability, except when a pregnancy endangers the life or health of the woman; and (2) enact regulations to further the health or safety of a woman seeking an abortion, except for unnecessary health regulations that present a substantial obstacle to a woman seeking an abortion. Additionally, the bill provides statutory authority for the Court's holdings in Griswold v. Connecticut (the right of married couples to obtain contraception), Eisenstadt v. Baird (the right of single persons to obtain contraception), Carey v. Population Services International (the right of minors to obtain contraception), and Whole Woman's Health v. Hellerstedt (that certain state restrictions on abortion facilities and providers created an undue burden). The bill allows the Department of Justice or any person adversely affected by a state law that violates this bill to seek injunctive relief. It also specifies that the bill does not affect laws regarding conscience protection.

SHORT TITLE. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). 3. FINDINGS. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority.--A State-- (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. SEC. 7. SEVERABILITY.

SHORT TITLE. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). 3. FINDINGS. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. SEC. 7. SEVERABILITY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). 3. FINDINGS. (2) While these precedents have advanced slightly different constitutional rationales, and have acknowledged that some government regulation is acceptable, they have created a society whereby Americans expect to make certain reproductive decisions without undue government interference. Generations of American women have relied on the fact that they have the freedom to make such choices as a matter of fundamental personal right. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. By continuing to protect their reliance on fundamental reproductive rights, such a guarantee will improve the general welfare for generations of American women. (6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority.--A State-- (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). (c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. SEC. 7. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Freedom for All Act''. SEC. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). SEC. 3. FINDINGS. Congress finds the following: (1) For decades, the Supreme Court of the United States has held that the liberty protected by the Fourteenth Amendment encompasses a right to make certain reproductive decisions without undue government interference. (2) While these precedents have advanced slightly different constitutional rationales, and have acknowledged that some government regulation is acceptable, they have created a society whereby Americans expect to make certain reproductive decisions without undue government interference. Generations of American women have relied on the fact that they have the freedom to make such choices as a matter of fundamental personal right. (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. (5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. By continuing to protect their reliance on fundamental reproductive rights, such a guarantee will improve the general welfare for generations of American women. (6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. SEC. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority.--A State-- (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). (c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. SEC. 5. ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. SEC. 7. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. <all>

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. ( 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ( c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. 6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. 6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. ( 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ( c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. 6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. ( 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ( c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. 6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. ( 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ( c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. 6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. ( 5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. ( c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. ( b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability.

H.R.3526

Economics and Public Finance

Gold Reserve Transparency Act of 2021 This bill directs the Government Accountability Office to report on the gold reserves of the United States every five years.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. SEC. 2. ASSAY, INVENTORY, AND AUDIT OF GOLD RESERVES. (a) GAO Assay, Inventory, and Audit.--The Comptroller General of the United States shall conduct and complete, not later than nine months after the date of enactment of this Act, and every 5 years thereafter-- (1) a full assay, inventory, and audit of all gold reserves, including any gold in ``deep storage'', of the United States at the place or places where such reserves are kept; (2) an analysis of the sufficiency of the measures taken to ensure the physical security of such reserves; (3) a full accounting of any and all encumbrances, including those due to lease, swap, or similar transactions presently in existence or entered into at any time during the past 15 years with respect to the gold reserves; (4) a full accounting of any and all sales, purchases, disbursements, or receipts at any time during the past 15 years--whether directly or indirectly undertaken--with respect to the gold reserves, including the specific terms and parties involved in such transactions; and (5) a full accounting of all gold in which the U.S. Government (including the Board of Governors of the Federal Reserve System or any other Federal agency) presently has a direct or indirect interest, including gold that may be held by third parties, including, for example, the Bank for International Settlements, the International Monetary Fund, the Exchange Stabilization Fund, any foreign central bank, or any other party, public or private. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. (c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General. <all>

Gold Reserve Transparency Act of 2021

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years.

Gold Reserve Transparency Act of 2021

Rep. Mooney, Alexander X.

R

WV

This bill directs the Government Accountability Office to report on the gold reserves of the United States every five years.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. SEC. 2. ASSAY, INVENTORY, AND AUDIT OF GOLD RESERVES. (a) GAO Assay, Inventory, and Audit.--The Comptroller General of the United States shall conduct and complete, not later than nine months after the date of enactment of this Act, and every 5 years thereafter-- (1) a full assay, inventory, and audit of all gold reserves, including any gold in ``deep storage'', of the United States at the place or places where such reserves are kept; (2) an analysis of the sufficiency of the measures taken to ensure the physical security of such reserves; (3) a full accounting of any and all encumbrances, including those due to lease, swap, or similar transactions presently in existence or entered into at any time during the past 15 years with respect to the gold reserves; (4) a full accounting of any and all sales, purchases, disbursements, or receipts at any time during the past 15 years--whether directly or indirectly undertaken--with respect to the gold reserves, including the specific terms and parties involved in such transactions; and (5) a full accounting of all gold in which the U.S. Government (including the Board of Governors of the Federal Reserve System or any other Federal agency) presently has a direct or indirect interest, including gold that may be held by third parties, including, for example, the Bank for International Settlements, the International Monetary Fund, the Exchange Stabilization Fund, any foreign central bank, or any other party, public or private. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. (c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. ASSAY, INVENTORY, AND AUDIT OF GOLD RESERVES. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. (c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. SEC. 2. ASSAY, INVENTORY, AND AUDIT OF GOLD RESERVES. (a) GAO Assay, Inventory, and Audit.--The Comptroller General of the United States shall conduct and complete, not later than nine months after the date of enactment of this Act, and every 5 years thereafter-- (1) a full assay, inventory, and audit of all gold reserves, including any gold in ``deep storage'', of the United States at the place or places where such reserves are kept; (2) an analysis of the sufficiency of the measures taken to ensure the physical security of such reserves; (3) a full accounting of any and all encumbrances, including those due to lease, swap, or similar transactions presently in existence or entered into at any time during the past 15 years with respect to the gold reserves; (4) a full accounting of any and all sales, purchases, disbursements, or receipts at any time during the past 15 years--whether directly or indirectly undertaken--with respect to the gold reserves, including the specific terms and parties involved in such transactions; and (5) a full accounting of all gold in which the U.S. Government (including the Board of Governors of the Federal Reserve System or any other Federal agency) presently has a direct or indirect interest, including gold that may be held by third parties, including, for example, the Bank for International Settlements, the International Monetary Fund, the Exchange Stabilization Fund, any foreign central bank, or any other party, public or private. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. (c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General. <all>

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. SEC. 2. ASSAY, INVENTORY, AND AUDIT OF GOLD RESERVES. (a) GAO Assay, Inventory, and Audit.--The Comptroller General of the United States shall conduct and complete, not later than nine months after the date of enactment of this Act, and every 5 years thereafter-- (1) a full assay, inventory, and audit of all gold reserves, including any gold in ``deep storage'', of the United States at the place or places where such reserves are kept; (2) an analysis of the sufficiency of the measures taken to ensure the physical security of such reserves; (3) a full accounting of any and all encumbrances, including those due to lease, swap, or similar transactions presently in existence or entered into at any time during the past 15 years with respect to the gold reserves; (4) a full accounting of any and all sales, purchases, disbursements, or receipts at any time during the past 15 years--whether directly or indirectly undertaken--with respect to the gold reserves, including the specific terms and parties involved in such transactions; and (5) a full accounting of all gold in which the U.S. Government (including the Board of Governors of the Federal Reserve System or any other Federal agency) presently has a direct or indirect interest, including gold that may be held by third parties, including, for example, the Bank for International Settlements, the International Monetary Fund, the Exchange Stabilization Fund, any foreign central bank, or any other party, public or private. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. (c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General. <all>

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. ( c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. ( c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. ( c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. ( c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. No redactions shall be permitted except with respect to underlying details contained in the analysis completed under subsection (a)(2) above dealing only with physical security. ( c) GAO Access.--For purposes of carrying out this Act, the Comptroller General shall have full access (enforceable by subpoena authority) to any depository or other public or private facility where such reserves are kept or where any records are kept that are necessary to carry out this Act. (

To provide for the first true audit of gold owned by the United States in more than 65 years, and subsequent audits every 5 years. This Act may be cited as the ``Gold Reserve Transparency Act of 2021''. (b) Reports.--Not later than 3 months after the completion of each assay, inventory, and audit required under subsection (a), the Comptroller General shall issue a report to the Congress containing all results, findings, and determinations made in carrying out the assay, inventory, audit, analysis, and accounting and shall promptly make such report (together with copies of all source materials relied upon) available to the public on the internet. d) Information Made Available by Treasury.--The Secretary of the Treasury (and all other Federal agencies, including the Board of Governors of the Federal Reserve System) shall make available, without any redactions, to the Comptroller General, for purposes of carrying out this Act, all books, accounts, records, reports, files, correspondence, memoranda, papers, or any other document, tape, or written, audio, or digital record pertaining to the assay, inventory, audit, analysis, and accounting required under subsection (a), as determined by the Comptroller General.

S.250

Health

Fairness in Orphan Drug Exclusivity Act This bill limits which orphan drugs may be granted a market exclusivity period by the Food and Drug Administration (FDA). (Generally, an orphan drug is one that is not economically viable because of the rarity of the disease that it treats; the sponsor of an FDA-designated orphan drug may be granted various incentives, such as a seven-year period in which the FDA may not grant market approval to a different sponsor for the same drug to treat the same disease.) Under this bill, if a drug is designated as an orphan drug on the basis that there is no reasonable expectation that the sponsor will recover the costs of developing and distributing the drug from U.S. sales, the drug shall be granted the seven-year exclusivity period only if the sponsor demonstrates that there is no reasonable expectation that it will recover such costs specifically within its first 12 years of U.S. sales of the drug. This requirement shall also apply retroactively to an orphan drug that was granted such an exclusivity period before this bill's enactment. When deciding whether an orphan drug meets this requirement, the FDA shall consider the sales of all drugs from the sponsor that are covered by the same orphan drug designation.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS. (a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (b) or (f)''; and (2) by adding at the end the following: ``(f) Limitations on Exclusive Approval, Certification, or License.-- ``(1) In general.--For a drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section, the Secretary shall not grant, recognize, or apply exclusive approval or licensure under subsection (a), and, if such exclusive approval or licensure has been granted, recognized, or applied, shall revoke such exclusive approval or licensure, unless the sponsor of the application for such drug demonstrates-- ``(A) with respect to an application approved or a license issued after the date of enactment of this subsection, upon such approval or issuance, that there is no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition will be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug; or ``(B) with respect to an application approved or a license issued on or prior to the date of enactment of this subsection, not later than 60 days after such date of enactment, that there was no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition would be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (b) Rule of Construction.--The amendments made in subsection (a) shall apply to any drug that has been or is hereafter designated under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb) for a rare disease or condition pursuant to the criteria under subsection (a)(2)(B) of such section regardless of-- (1) the date on which such drug is designated or becomes the subject of a designation request under such section; (2) the date on which such drug is approved under section 505 of such Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure. <all>

Fairness in Orphan Drug Exclusivity Act

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes.

Fairness in Orphan Drug Exclusivity Act

Sen. Cassidy, Bill

R

LA

This bill limits which orphan drugs may be granted a market exclusivity period by the Food and Drug Administration (FDA). (Generally, an orphan drug is one that is not economically viable because of the rarity of the disease that it treats; the sponsor of an FDA-designated orphan drug may be granted various incentives, such as a seven-year period in which the FDA may not grant market approval to a different sponsor for the same drug to treat the same disease.) Under this bill, if a drug is designated as an orphan drug on the basis that there is no reasonable expectation that the sponsor will recover the costs of developing and distributing the drug from U.S. sales, the drug shall be granted the seven-year exclusivity period only if the sponsor demonstrates that there is no reasonable expectation that it will recover such costs specifically within its first 12 years of U.S. sales of the drug. This requirement shall also apply retroactively to an orphan drug that was granted such an exclusivity period before this bill's enactment. When deciding whether an orphan drug meets this requirement, the FDA shall consider the sales of all drugs from the sponsor that are covered by the same orphan drug designation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS. (a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (b) or (f)''; and (2) by adding at the end the following: ``(f) Limitations on Exclusive Approval, Certification, or License.-- ``(1) In general.--For a drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section, the Secretary shall not grant, recognize, or apply exclusive approval or licensure under subsection (a), and, if such exclusive approval or licensure has been granted, recognized, or applied, shall revoke such exclusive approval or licensure, unless the sponsor of the application for such drug demonstrates-- ``(A) with respect to an application approved or a license issued after the date of enactment of this subsection, upon such approval or issuance, that there is no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition will be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug; or ``(B) with respect to an application approved or a license issued on or prior to the date of enactment of this subsection, not later than 60 days after such date of enactment, that there was no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition would be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug. 360bb) for a rare disease or condition pursuant to the criteria under subsection (a)(2)(B) of such section regardless of-- (1) the date on which such drug is designated or becomes the subject of a designation request under such section; (2) the date on which such drug is approved under section 505 of such Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C.

2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS. 360cc) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (b) or (f)''; and (2) by adding at the end the following: ``(f) Limitations on Exclusive Approval, Certification, or License.-- ``(1) In general.--For a drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section, the Secretary shall not grant, recognize, or apply exclusive approval or licensure under subsection (a), and, if such exclusive approval or licensure has been granted, recognized, or applied, shall revoke such exclusive approval or licensure, unless the sponsor of the application for such drug demonstrates-- ``(A) with respect to an application approved or a license issued after the date of enactment of this subsection, upon such approval or issuance, that there is no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition will be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug; or ``(B) with respect to an application approved or a license issued on or prior to the date of enactment of this subsection, not later than 60 days after such date of enactment, that there was no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition would be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug. 360bb) for a rare disease or condition pursuant to the criteria under subsection (a)(2)(B) of such section regardless of-- (1) the date on which such drug is designated or becomes the subject of a designation request under such section; (2) the date on which such drug is approved under section 505 of such Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS. (a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (b) or (f)''; and (2) by adding at the end the following: ``(f) Limitations on Exclusive Approval, Certification, or License.-- ``(1) In general.--For a drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section, the Secretary shall not grant, recognize, or apply exclusive approval or licensure under subsection (a), and, if such exclusive approval or licensure has been granted, recognized, or applied, shall revoke such exclusive approval or licensure, unless the sponsor of the application for such drug demonstrates-- ``(A) with respect to an application approved or a license issued after the date of enactment of this subsection, upon such approval or issuance, that there is no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition will be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug; or ``(B) with respect to an application approved or a license issued on or prior to the date of enactment of this subsection, not later than 60 days after such date of enactment, that there was no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition would be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (b) Rule of Construction.--The amendments made in subsection (a) shall apply to any drug that has been or is hereafter designated under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb) for a rare disease or condition pursuant to the criteria under subsection (a)(2)(B) of such section regardless of-- (1) the date on which such drug is designated or becomes the subject of a designation request under such section; (2) the date on which such drug is approved under section 505 of such Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure. <all>

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS. (a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (b) or (f)''; and (2) by adding at the end the following: ``(f) Limitations on Exclusive Approval, Certification, or License.-- ``(1) In general.--For a drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section, the Secretary shall not grant, recognize, or apply exclusive approval or licensure under subsection (a), and, if such exclusive approval or licensure has been granted, recognized, or applied, shall revoke such exclusive approval or licensure, unless the sponsor of the application for such drug demonstrates-- ``(A) with respect to an application approved or a license issued after the date of enactment of this subsection, upon such approval or issuance, that there is no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition will be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug; or ``(B) with respect to an application approved or a license issued on or prior to the date of enactment of this subsection, not later than 60 days after such date of enactment, that there was no reasonable expectation at the time of such approval or issuance that the cost of developing and making available in the United States such drug for such disease or condition would be recovered from sales in the United States of such drug, taking into account all sales made or reasonably expected to be made within 12 years of first marketing the drug. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (b) Rule of Construction.--The amendments made in subsection (a) shall apply to any drug that has been or is hereafter designated under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb) for a rare disease or condition pursuant to the criteria under subsection (a)(2)(B) of such section regardless of-- (1) the date on which such drug is designated or becomes the subject of a designation request under such section; (2) the date on which such drug is approved under section 505 of such Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure. <all>

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. ( 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. ( 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. ( 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. ( 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure.

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. (

To amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes. This Act may be cited as the ``Fairness in Orphan Drug Exclusivity Act''. ``(2) Considerations.--For purposes of subparagraphs (A) and (B) of paragraph (1), the Secretary and the sponsor of the application for the drug designated for a rare disease or condition described in such paragraph shall consider sales from all drugs that-- ``(A) are developed or marketed by the same sponsor or manufacturer of the drug (or a licensor, predecessor in interest, or other related entity to the sponsor or manufacturer); and ``(B) are covered by the same designation under section 526. ``(3) Criteria.--No drug designated under section 526 for a rare disease or condition pursuant to the criteria set forth in subsection (a)(2)(B) of such section shall be eligible for exclusive approval or licensure under this section unless it met such criteria under such subsection on the date on which the drug was approved or licensed.''. ( 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or becomes the subject of an application for such approval or licensure; and (3) the date on which such drug is granted exclusive approval or licensure under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) or becomes the subject of a request for such exclusive approval or licensure.

H.R.512

Transportation and Public Works

Green Bus Act of 2021 This bill requires all buses purchased or leased with Federal Transit Administration funds to be zero-emission beginning on October 1, 2029. The Department of Transportation (DOT) must issue an annual best practices report on zero-emission bus programs to help states and transit agencies implement zero-emission bus fleets. DOT must give preference in awarding grants under the low or no emission program to transit agencies who have completed a full fleet transition plan. The federal share of the cost of any zero-emission bus purchased or leased in accordance with this bill shall be 90%.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. SEC. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. Zero-emission bus requirements ``(a) In General.--Notwithstanding any other requirements of this chapter, not later than October 1, 2029, any bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be a zero-emission bus. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. Zero-emission bus requirements.''. SEC. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS. Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''. <all>

Green Bus Act of 2021

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero-emission bus, and for other purposes.

Green Bus Act of 2021

Rep. Brownley, Julia

D

CA

This bill requires all buses purchased or leased with Federal Transit Administration funds to be zero-emission beginning on October 1, 2029. The Department of Transportation (DOT) must issue an annual best practices report on zero-emission bus programs to help states and transit agencies implement zero-emission bus fleets. DOT must give preference in awarding grants under the low or no emission program to transit agencies who have completed a full fleet transition plan. The federal share of the cost of any zero-emission bus purchased or leased in accordance with this bill shall be 90%.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. SEC. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. Zero-emission bus requirements ``(a) In General.--Notwithstanding any other requirements of this chapter, not later than October 1, 2029, any bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be a zero-emission bus. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. Zero-emission bus requirements.''. SEC. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS. Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''. <all>

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. SEC. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. Zero-emission bus requirements ``(a) In General.--Notwithstanding any other requirements of this chapter, not later than October 1, 2029, any bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be a zero-emission bus. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. Zero-emission bus requirements.''. SEC. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS. Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''. <all>

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. SEC. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. Zero-emission bus requirements ``(a) In General.--Notwithstanding any other requirements of this chapter, not later than October 1, 2029, any bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be a zero-emission bus. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. Zero-emission bus requirements.''. SEC. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS. Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''. <all>

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( Zero-emission bus requirements.''. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. ( Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( Zero-emission bus requirements.''. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. ( Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( Zero-emission bus requirements.''. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. ( Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( Zero-emission bus requirements.''. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. ( Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( Zero-emission bus requirements.''. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. ( Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''.

To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. ( b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (

H.R.4455

Agriculture and Food

This bill makes changes to enrollment processes and other aspects of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Under current law, an individual who participates in Medicaid and other specified means-tested programs automatically meets applicable income eligibility for WIC. The bill extends this automatic income eligibility to participants in Head Start programs, certain nutrition programs (e.g., the Food Distribution Program on Indian Reservations), and the Children's Health Insurance Program. It also extends income eligibility to individuals who reside in a household in which a member receives assistance from such a program. Other changes in the bill include (1) allowing states to certify a child's eligibility for WIC for up to two years, and (2) requiring states to address benefits for infants and children under the care of kinship families in WIC plans.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF CERTAIN WIC CERTIFICATION PERIODS. (a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. (b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (v)''; and (2) by adding at the end the following: ``(iv) Certification within one household family.--In the case of an individual who is a member of a household participating in the program pursuant to clauses (i), (ii), or (iii) of paragraph (2)(A) and is certified for purposes of such clauses under subparagraph (D) or (E), a local agency may extend or establish, if such an extension or establishment would promote alignment between such family members, a certification period for family members of such individual who-- ``(I) reside in the same household; and ``(II) are-- ``(aa) participants in the program; or ``(bb) eligible to participate in the program. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. (c) Extension of Child Certification Periods.--Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. (d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''. <all>

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes.

Rep. Hayes, Jahana

D

CT

This bill makes changes to enrollment processes and other aspects of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Under current law, an individual who participates in Medicaid and other specified means-tested programs automatically meets applicable income eligibility for WIC. The bill extends this automatic income eligibility to participants in Head Start programs, certain nutrition programs (e.g., the Food Distribution Program on Indian Reservations), and the Children's Health Insurance Program. It also extends income eligibility to individuals who reside in a household in which a member receives assistance from such a program. Other changes in the bill include (1) allowing states to certify a child's eligibility for WIC for up to two years, and (2) requiring states to address benefits for infants and children under the care of kinship families in WIC plans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF CERTAIN WIC CERTIFICATION PERIODS. (a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq. ); or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. 1786)(d)(3)(A)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (v)''; and (2) by adding at the end the following: ``(iv) Certification within one household family.--In the case of an individual who is a member of a household participating in the program pursuant to clauses (i), (ii), or (iii) of paragraph (2)(A) and is certified for purposes of such clauses under subparagraph (D) or (E), a local agency may extend or establish, if such an extension or establishment would promote alignment between such family members, a certification period for family members of such individual who-- ``(I) reside in the same household; and ``(II) are-- ``(aa) participants in the program; or ``(bb) eligible to participate in the program. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. (c) Extension of Child Certification Periods.--Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF CERTAIN WIC CERTIFICATION PERIODS. 1396 et seq.) or child health assistance under title XXI of the Social Security Act (42 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. 1786)(d)(3)(A)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (v)''; and (2) by adding at the end the following: ``(iv) Certification within one household family.--In the case of an individual who is a member of a household participating in the program pursuant to clauses (i), (ii), or (iii) of paragraph (2)(A) and is certified for purposes of such clauses under subparagraph (D) or (E), a local agency may extend or establish, if such an extension or establishment would promote alignment between such family members, a certification period for family members of such individual who-- ``(I) reside in the same household; and ``(II) are-- ``(aa) participants in the program; or ``(bb) eligible to participate in the program. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. (c) Extension of Child Certification Periods.--Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF CERTAIN WIC CERTIFICATION PERIODS. (a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. (b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (v)''; and (2) by adding at the end the following: ``(iv) Certification within one household family.--In the case of an individual who is a member of a household participating in the program pursuant to clauses (i), (ii), or (iii) of paragraph (2)(A) and is certified for purposes of such clauses under subparagraph (D) or (E), a local agency may extend or establish, if such an extension or establishment would promote alignment between such family members, a certification period for family members of such individual who-- ``(I) reside in the same household; and ``(II) are-- ``(aa) participants in the program; or ``(bb) eligible to participate in the program. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. (c) Extension of Child Certification Periods.--Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. (d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''. <all>

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF CERTAIN WIC CERTIFICATION PERIODS. (a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. (b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (v)''; and (2) by adding at the end the following: ``(iv) Certification within one household family.--In the case of an individual who is a member of a household participating in the program pursuant to clauses (i), (ii), or (iii) of paragraph (2)(A) and is certified for purposes of such clauses under subparagraph (D) or (E), a local agency may extend or establish, if such an extension or establishment would promote alignment between such family members, a certification period for family members of such individual who-- ``(I) reside in the same household; and ``(II) are-- ``(aa) participants in the program; or ``(bb) eligible to participate in the program. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. (c) Extension of Child Certification Periods.--Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. (d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''. <all>

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. ( b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. ( 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. ( d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. ( b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. ( 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. ( d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. ( b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. ( 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. ( d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. ( b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. ( 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. ( d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. a) Expansion of Adjunctive Eligibility.--Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by inserting ``resides in a household (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that'' before ``receives''; and (B) in subclause (II), by striking ``; or'' and inserting a semicolon; (2) by amending clause (iii) to read as follows: ``(iii)(I) is enrolled in medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

To amend the Child Nutrition Act of 1966 to extend certain certification periods for the special supplemental nutrition program for women, infants, and children, and for other purposes. or ``(II) is a member of a family in which a pregnant woman, postpartum woman, infant, or child receives such assistance;''; and (3) by adding at the end the following: ``(iv) is enrolled as a participant in a program authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which one or more children is enrolled as a participant in such a Head Start program; ``(v) resides in a household that receives assistance under the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or ``(vi) resides in a household that receives assistance from a nutrition assistance program funded by the consolidated block grants for Puerto Rico and the American Samoa established under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).''. ( b) Certification Within One Household Family; Certification of Infants.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(v) Certification of infants.--A State shall certify for participation, without further application, an infant born to a pregnant individual who is participating in the program pursuant to clause (iii) of paragraph (2)(A). ``(vi) Recertification.--Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall-- ``(I) determine whether such individual is eligible for recertification under subparagraph (E); and ``(II) if such individual is so eligible-- ``(aa) recertify such individual; and ``(bb) notify such individual of such recertification.''. ( 1786(d)(3)(A)(iii)) is amended by striking ``1 year'' and inserting ``2 years''. ( d) Automatic Eligibility for Children in Kinship Families.-- Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after ``under the care of''.

H.R.4575

Armed Forces and National Security

Veteran Peer Specialist Act of 2021 This bill requires the Department of Veterans Affairs (VA) to make permanent and expand the program that establishes at least two peer specialists in patient aligned care teams at VA medical centers to promote the use and integration of services for mental health, substance use disorder, and behavioral health in a primary care setting.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. SEC. 2. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701 note) is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in the heading of subsection (b), by striking ``Timeframe'' and inserting ``Initial Timeframe''; (3) in subsection (c)-- (A) in the heading, by striking ``Selection'' and inserting ``Initial Selection''; and (B) in paragraph (1), by striking ``The Secretary shall'' and inserting ``In establishing the program at initial locations, the Secretary shall''; (4) by inserting after subsection (c) the following new subsection: ``(d) Timeframe for Expansion of Program; Selection of Additional Locations.-- ``(1) Timeframe for expansion.--The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: ``(A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021, at each medical center participating in the program on the day before such date of enactment. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ``(B) Areas that are not in close proximity to an active duty military installation. ``(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census.''; (5) in subsection (e), as redesignated by paragraph (1)-- (A) in the heading, by striking ``Gender-specific Services'' and inserting ``Considerations for Hiring Peer Specialists''; (B) in the matter preceding paragraph (1), by striking ``location selected under subsection (c)'' and inserting ``medical center''; and (C) by striking paragraph (2) and inserting the following new paragraphs: ``(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center; and ``(3) to the extent practical, peer specialists are hired in demographic percentages that reflect the racial and ethnic demographic percentages of the overall veterans population.''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(B) Elements.--Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ``(i) The findings and conclusions of the Secretary with respect to the program. ``(ii) An assessment of the benefits of the program to veterans and family members of veterans. ``(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers. ``(iv) The name and location of each medical center where new peer specialists were hired. ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027. <all>

Veteran Peer Specialist Act of 2021

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes.

Veteran Peer Specialist Act of 2021

Rep. Peters, Scott H.

D

CA

This bill requires the Department of Veterans Affairs (VA) to make permanent and expand the program that establishes at least two peer specialists in patient aligned care teams at VA medical centers to promote the use and integration of services for mental health, substance use disorder, and behavioral health in a primary care setting.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701 note) is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in the heading of subsection (b), by striking ``Timeframe'' and inserting ``Initial Timeframe''; (3) in subsection (c)-- (A) in the heading, by striking ``Selection'' and inserting ``Initial Selection''; and (B) in paragraph (1), by striking ``The Secretary shall'' and inserting ``In establishing the program at initial locations, the Secretary shall''; (4) by inserting after subsection (c) the following new subsection: ``(d) Timeframe for Expansion of Program; Selection of Additional Locations.-- ``(1) Timeframe for expansion.--The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: ``(A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021, at each medical center participating in the program on the day before such date of enactment. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(B) Areas that are not in close proximity to an active duty military installation. ``(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. ``(B) Elements.--Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ``(i) The findings and conclusions of the Secretary with respect to the program. ``(ii) An assessment of the benefits of the program to veterans and family members of veterans. ``(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers. ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701 note) is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in the heading of subsection (b), by striking ``Timeframe'' and inserting ``Initial Timeframe''; (3) in subsection (c)-- (A) in the heading, by striking ``Selection'' and inserting ``Initial Selection''; and (B) in paragraph (1), by striking ``The Secretary shall'' and inserting ``In establishing the program at initial locations, the Secretary shall''; (4) by inserting after subsection (c) the following new subsection: ``(d) Timeframe for Expansion of Program; Selection of Additional Locations.-- ``(1) Timeframe for expansion.--The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: ``(A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021, at each medical center participating in the program on the day before such date of enactment. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(B) Areas that are not in close proximity to an active duty military installation. ``(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. ``(B) Elements.--Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ``(i) The findings and conclusions of the Secretary with respect to the program. ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. SEC. 2. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701 note) is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in the heading of subsection (b), by striking ``Timeframe'' and inserting ``Initial Timeframe''; (3) in subsection (c)-- (A) in the heading, by striking ``Selection'' and inserting ``Initial Selection''; and (B) in paragraph (1), by striking ``The Secretary shall'' and inserting ``In establishing the program at initial locations, the Secretary shall''; (4) by inserting after subsection (c) the following new subsection: ``(d) Timeframe for Expansion of Program; Selection of Additional Locations.-- ``(1) Timeframe for expansion.--The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: ``(A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021, at each medical center participating in the program on the day before such date of enactment. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ``(B) Areas that are not in close proximity to an active duty military installation. ``(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. ''; (5) in subsection (e), as redesignated by paragraph (1)-- (A) in the heading, by striking ``Gender-specific Services'' and inserting ``Considerations for Hiring Peer Specialists''; (B) in the matter preceding paragraph (1), by striking ``location selected under subsection (c)'' and inserting ``medical center''; and (C) by striking paragraph (2) and inserting the following new paragraphs: ``(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center; and ``(3) to the extent practical, peer specialists are hired in demographic percentages that reflect the racial and ethnic demographic percentages of the overall veterans population. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(B) Elements.--Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ``(i) The findings and conclusions of the Secretary with respect to the program. ``(ii) An assessment of the benefits of the program to veterans and family members of veterans. ``(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers. ``(iv) The name and location of each medical center where new peer specialists were hired. ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. SEC. 2. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701 note) is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in the heading of subsection (b), by striking ``Timeframe'' and inserting ``Initial Timeframe''; (3) in subsection (c)-- (A) in the heading, by striking ``Selection'' and inserting ``Initial Selection''; and (B) in paragraph (1), by striking ``The Secretary shall'' and inserting ``In establishing the program at initial locations, the Secretary shall''; (4) by inserting after subsection (c) the following new subsection: ``(d) Timeframe for Expansion of Program; Selection of Additional Locations.-- ``(1) Timeframe for expansion.--The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: ``(A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021, at each medical center participating in the program on the day before such date of enactment. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ``(B) Areas that are not in close proximity to an active duty military installation. ``(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census.''; (5) in subsection (e), as redesignated by paragraph (1)-- (A) in the heading, by striking ``Gender-specific Services'' and inserting ``Considerations for Hiring Peer Specialists''; (B) in the matter preceding paragraph (1), by striking ``location selected under subsection (c)'' and inserting ``medical center''; and (C) by striking paragraph (2) and inserting the following new paragraphs: ``(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center; and ``(3) to the extent practical, peer specialists are hired in demographic percentages that reflect the racial and ethnic demographic percentages of the overall veterans population.''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(B) Elements.--Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ``(i) The findings and conclusions of the Secretary with respect to the program. ``(ii) An assessment of the benefits of the program to veterans and family members of veterans. ``(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers. ``(iv) The name and location of each medical center where new peer specialists were hired. ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027. <all>

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes. This Act may be cited as the ``Veteran Peer Specialist Act of 2021''. ``(B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. ``(2) Selection of additional locations.--In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ``(A) Rural areas and other areas that are underserved by the Department. ''; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ``(g) Reports.-- ``(1) Periodic reports.-- ``(A) In general.--Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1). ``(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. ``(2) Final report.--Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report notifying such committees of the determination.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027.

H.R.5147

Armed Forces and National Security

This bill prohibits the Department of Defense (DOD) from procuring any covered item from the Democratic People's Republic of North Korea, the People's Republic of China, the Russian Federation, or the Islamic Republic of Iran. Under the bill, covered items include sanitizing and disinfecting wipes, testing swabs, gauze, bandages, and personal protective equipment for use in preventing the spread of disease and the materials and components thereof. The bill provides for an exception to the prohibition in circumstances where (1) DOD determines that covered materials of satisfactory quality and quantity cannot be procured from other nations at a specified time and reasonable price, (2) the procurement of covered items is for use outside of the United States, or (3) the purchase is for amounts not greater than $150,000. However, a proposed purchase or contract for an amount greater than $150,000 may not be divided into multiple purchases or contracts for lesser amounts to qualify for an exception.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS. (a) Prohibition.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(b) Applicability.--Subsection (a) shall apply to prime contracts and subcontracts at any tier. ``(c) Exceptions.-- ``(1) In general.--Subsection (a) does not apply under the following circumstances: ``(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. ``(B) The procurement of a covered item for use outside of the United States. ``(C) Purchases for amounts not greater than $150,000. ``(2) Limitation.--A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. ``(d) Definitions.--In this section: ``(1) Covered item.--The term `covered item' means an article or item of-- ``(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or ``(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. (2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (B) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (3) Effective date.--The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. <all>

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes.

Rep. Wittman, Robert J.

R

VA

This bill prohibits the Department of Defense (DOD) from procuring any covered item from the Democratic People's Republic of North Korea, the People's Republic of China, the Russian Federation, or the Islamic Republic of Iran. Under the bill, covered items include sanitizing and disinfecting wipes, testing swabs, gauze, bandages, and personal protective equipment for use in preventing the spread of disease and the materials and components thereof. The bill provides for an exception to the prohibition in circumstances where (1) DOD determines that covered materials of satisfactory quality and quantity cannot be procured from other nations at a specified time and reasonable price, (2) the procurement of covered items is for use outside of the United States, or (3) the purchase is for amounts not greater than $150,000. However, a proposed purchase or contract for an amount greater than $150,000 may not be divided into multiple purchases or contracts for lesser amounts to qualify for an exception.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(b) Applicability.--Subsection (a) shall apply to prime contracts and subcontracts at any tier. ``(c) Exceptions.-- ``(1) In general.--Subsection (a) does not apply under the following circumstances: ``(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. ``(C) Purchases for amounts not greater than $150,000. ``(2) Limitation.--A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. ``(d) Definitions.--In this section: ``(1) Covered item.--The term `covered item' means an article or item of-- ``(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or ``(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (B) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (3) Effective date.--The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(c) Exceptions.-- ``(1) In general.--Subsection (a) does not apply under the following circumstances: ``(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. ``(C) Purchases for amounts not greater than $150,000. ``(2) Limitation.--A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. ``(d) Definitions.--In this section: ``(1) Covered item.--The term `covered item' means an article or item of-- ``(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or ``(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (B) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS. (a) Prohibition.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(b) Applicability.--Subsection (a) shall apply to prime contracts and subcontracts at any tier. ``(c) Exceptions.-- ``(1) In general.--Subsection (a) does not apply under the following circumstances: ``(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. ``(B) The procurement of a covered item for use outside of the United States. ``(C) Purchases for amounts not greater than $150,000. ``(2) Limitation.--A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. ``(d) Definitions.--In this section: ``(1) Covered item.--The term `covered item' means an article or item of-- ``(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or ``(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. (2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (B) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (3) Effective date.--The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. <all>

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS. (a) Prohibition.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(b) Applicability.--Subsection (a) shall apply to prime contracts and subcontracts at any tier. ``(c) Exceptions.-- ``(1) In general.--Subsection (a) does not apply under the following circumstances: ``(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. ``(B) The procurement of a covered item for use outside of the United States. ``(C) Purchases for amounts not greater than $150,000. ``(2) Limitation.--A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. ``(d) Definitions.--In this section: ``(1) Covered item.--The term `covered item' means an article or item of-- ``(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or ``(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. (2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.''. (B) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (3) Effective date.--The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. <all>

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. ( 2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. ( 2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. ( 2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. ( 2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

To prohibit the Secretary of Defense from procuring personal protective equipment from certain non-allied foreign nations, and for other purposes. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. ``(2) Covered nation.--The term `covered nation' means-- ``(A) the Democratic People's Republic of North Korea; ``(B) the People's Republic of China; ``(C) the Russian Federation; and ``(D) the Islamic Republic of Iran.''. ( 2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: ``2339d. (b) Future Transfer.-- (1) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 3882. ( 2) Clerical amendments.-- (A) Target chapter table of sections.--The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283), is amended by inserting after the item related to section 3881 the following new item: ``3882. (4) References; savings provision; rule of construction.-- Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

H.R.2602

Labor and Employment

Northern Mariana Islands Wage and Economic Stability Act This bill delays by 18 months the effective date of an increase in the federal minimum wage with respect to employers in the Commonwealth of the Northern Mariana Islands. It also requires the Government Accountability Office to assess the economy of the territory and estimate the proportion of employees in the territory directly affected by an increase in the minimum wage.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Wage and Economic Stability Act''. SEC. 2. WAGE AND ECONOMIC STABILIZATION IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''. SEC. 3. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives, the Natural Resources Committee of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Natural Resources of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands-- (1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and (2) for each year during the 10-year period beginning with 2021 in which an increase will take effect in the minimum wage rate set forth under subsection a(1) or g(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation. <all>

Northern Mariana Islands Wage and Economic Stability Act

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes.

Northern Mariana Islands Wage and Economic Stability Act

Del. Sablan, Gregorio Kilili Camacho

D

MP

This bill delays by 18 months the effective date of an increase in the federal minimum wage with respect to employers in the Commonwealth of the Northern Mariana Islands. It also requires the Government Accountability Office to assess the economy of the territory and estimate the proportion of employees in the territory directly affected by an increase in the minimum wage.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Wage and Economic Stability Act''. SEC. 2. WAGE AND ECONOMIC STABILIZATION IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''. SEC. 3. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives, the Natural Resources Committee of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Natural Resources of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands-- (1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and (2) for each year during the 10-year period beginning with 2021 in which an increase will take effect in the minimum wage rate set forth under subsection a(1) or g(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation. <all>

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Wage and Economic Stability Act''. SEC. 2. WAGE AND ECONOMIC STABILIZATION IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''. SEC. 3. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives, the Natural Resources Committee of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Natural Resources of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands-- (1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and (2) for each year during the 10-year period beginning with 2021 in which an increase will take effect in the minimum wage rate set forth under subsection a(1) or g(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation. <all>

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Wage and Economic Stability Act''. SEC. 2. WAGE AND ECONOMIC STABILIZATION IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''. SEC. 3. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives, the Natural Resources Committee of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Natural Resources of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands-- (1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and (2) for each year during the 10-year period beginning with 2021 in which an increase will take effect in the minimum wage rate set forth under subsection a(1) or g(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation. <all>

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Wage and Economic Stability Act''. SEC. 2. WAGE AND ECONOMIC STABILIZATION IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''. SEC. 3. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives, the Natural Resources Committee of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Natural Resources of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands-- (1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and (2) for each year during the 10-year period beginning with 2021 in which an increase will take effect in the minimum wage rate set forth under subsection a(1) or g(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation. <all>

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

To amend the Fair Labor Standards Act of 1938 to provide for wage and economic stabilization in the Commonwealth of the Northern Mariana Islands, and for other purposes. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h) In the case of any provision of law enacted during the 10- year period beginning with 2021 that provides for an increase in the minimum wage rate set forth under subsection (a)(1) or (g)(1) of this section, section 3(m)(2)(A)(i), or section 14(c)(1)(A), such increase shall be applied with respect to employers in the Commonwealth of the Northern Mariana Islands beginning on the date that is 18 months later than the date on which such provision of law otherwise takes effect.''.

H.R.7346

Health

John W. Walsh Alpha-1 Home Infusion Act of 2022 This bill provides for Medicare coverage of treatment for alpha-1 antitrypsin (AAT) deficiency (a protein deficiency that raises the risk of lung and other diseases). Specifically, the bill provides for coverage of at-home augmentation therapy for beneficiaries with emphysema as a result of severe hereditary AAT deficiency. Treatment must be provided through qualified home infusion therapy suppliers; beneficiaries must be under the care of a physician, nurse practitioner, or physician assistant.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John W. Walsh Alpha-1 Home Infusion Act of 2022''. SEC. 2. MEDICARE COVERAGE OF ALPHA-1 ANTITRYPSIN DISORDER TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by inserting ``and'' at the end of subparagraph (HH); and (C) by inserting at the end the following new subparagraph: ``(II) Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll));''; and (2) by adding at the end the following new subsection: ``(lll) Alpha-1 antitrypsin deficiency disorder treatment.--(1) The term `Alpha-1 Antitrypsin Deficiency Disorder treatment' means augmentation therapy (as defined in paragraph (2)(C)) furnished by qualified home infusion therapy suppliers (as defined in paragraph (2)(D)) which are furnished in the individual's home (as defined in paragraph (2)(B)) to an individual-- ``(A) who is under the care of an applicable provider; ``(B) who is enrolled under both parts A and B of this title, and is not enrolled in an MA plan under part C of such title; and ``(C) who requires augmentation therapy (as defined in paragraph (2)(C)). ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(C) The term `augmentation therapy' means an Alpha-1 Proteinase Inhibitor indicated for chronic augmentation and maintenance therapy in adults with clinical evidence of emphysema due to severe hereditary deficiency of Alpha-1 Antitrypsin. ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. (b) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.-- Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.--The Secretary shall implement a payment system under which payment is made under this title to a qualified home infusion therapy supplier (as defined in section 1861(lll)(3)(D)) for intravenous administration kits and nursing services for up to 2 hours of care by a qualified home infusion therapy supplier in coordination with the furnishing of augmentation therapy (as defined in section 1861(lll)(2)(C)).''. (c) Conforming Amendments.-- (1) Payment reference.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Disorder treatment (as defined in subsection (lll)(1)), the amount paid for such kits and services shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under section 1834(z)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. (3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. <all>

John W. Walsh Alpha-1 Home Infusion Act of 2022

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes.

John W. Walsh Alpha-1 Home Infusion Act of 2022

Rep. Salazar, Maria Elvira

R

FL

This bill provides for Medicare coverage of treatment for alpha-1 antitrypsin (AAT) deficiency (a protein deficiency that raises the risk of lung and other diseases). Specifically, the bill provides for coverage of at-home augmentation therapy for beneficiaries with emphysema as a result of severe hereditary AAT deficiency. Treatment must be provided through qualified home infusion therapy suppliers; beneficiaries must be under the care of a physician, nurse practitioner, or physician assistant.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John W. Walsh Alpha-1 Home Infusion Act of 2022''. SEC. 2. MEDICARE COVERAGE OF ALPHA-1 ANTITRYPSIN DISORDER TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(C) The term `augmentation therapy' means an Alpha-1 Proteinase Inhibitor indicated for chronic augmentation and maintenance therapy in adults with clinical evidence of emphysema due to severe hereditary deficiency of Alpha-1 Antitrypsin. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.--The Secretary shall implement a payment system under which payment is made under this title to a qualified home infusion therapy supplier (as defined in section 1861(lll)(3)(D)) for intravenous administration kits and nursing services for up to 2 hours of care by a qualified home infusion therapy supplier in coordination with the furnishing of augmentation therapy (as defined in section 1861(lll)(2)(C)).''. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Disorder treatment (as defined in subsection (lll)(1)), the amount paid for such kits and services shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under section 1834(z)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John W. Walsh Alpha-1 Home Infusion Act of 2022''. SEC. 2. MEDICARE COVERAGE OF ALPHA-1 ANTITRYPSIN DISORDER TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(C) The term `augmentation therapy' means an Alpha-1 Proteinase Inhibitor indicated for chronic augmentation and maintenance therapy in adults with clinical evidence of emphysema due to severe hereditary deficiency of Alpha-1 Antitrypsin. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.--The Secretary shall implement a payment system under which payment is made under this title to a qualified home infusion therapy supplier (as defined in section 1861(lll)(3)(D)) for intravenous administration kits and nursing services for up to 2 hours of care by a qualified home infusion therapy supplier in coordination with the furnishing of augmentation therapy (as defined in section 1861(lll)(2)(C)).''. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Disorder treatment (as defined in subsection (lll)(1)), the amount paid for such kits and services shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under section 1834(z)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John W. Walsh Alpha-1 Home Infusion Act of 2022''. SEC. 2. MEDICARE COVERAGE OF ALPHA-1 ANTITRYPSIN DISORDER TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by inserting ``and'' at the end of subparagraph (HH); and (C) by inserting at the end the following new subparagraph: ``(II) Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll));''; and (2) by adding at the end the following new subsection: ``(lll) Alpha-1 antitrypsin deficiency disorder treatment.--(1) The term `Alpha-1 Antitrypsin Deficiency Disorder treatment' means augmentation therapy (as defined in paragraph (2)(C)) furnished by qualified home infusion therapy suppliers (as defined in paragraph (2)(D)) which are furnished in the individual's home (as defined in paragraph (2)(B)) to an individual-- ``(A) who is under the care of an applicable provider; ``(B) who is enrolled under both parts A and B of this title, and is not enrolled in an MA plan under part C of such title; and ``(C) who requires augmentation therapy (as defined in paragraph (2)(C)). ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(C) The term `augmentation therapy' means an Alpha-1 Proteinase Inhibitor indicated for chronic augmentation and maintenance therapy in adults with clinical evidence of emphysema due to severe hereditary deficiency of Alpha-1 Antitrypsin. ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.--The Secretary shall implement a payment system under which payment is made under this title to a qualified home infusion therapy supplier (as defined in section 1861(lll)(3)(D)) for intravenous administration kits and nursing services for up to 2 hours of care by a qualified home infusion therapy supplier in coordination with the furnishing of augmentation therapy (as defined in section 1861(lll)(2)(C)).''. (c) Conforming Amendments.-- (1) Payment reference.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Disorder treatment (as defined in subsection (lll)(1)), the amount paid for such kits and services shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under section 1834(z)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. (3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John W. Walsh Alpha-1 Home Infusion Act of 2022''. SEC. 2. MEDICARE COVERAGE OF ALPHA-1 ANTITRYPSIN DISORDER TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by inserting ``and'' at the end of subparagraph (HH); and (C) by inserting at the end the following new subparagraph: ``(II) Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll));''; and (2) by adding at the end the following new subsection: ``(lll) Alpha-1 antitrypsin deficiency disorder treatment.--(1) The term `Alpha-1 Antitrypsin Deficiency Disorder treatment' means augmentation therapy (as defined in paragraph (2)(C)) furnished by qualified home infusion therapy suppliers (as defined in paragraph (2)(D)) which are furnished in the individual's home (as defined in paragraph (2)(B)) to an individual-- ``(A) who is under the care of an applicable provider; ``(B) who is enrolled under both parts A and B of this title, and is not enrolled in an MA plan under part C of such title; and ``(C) who requires augmentation therapy (as defined in paragraph (2)(C)). ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(C) The term `augmentation therapy' means an Alpha-1 Proteinase Inhibitor indicated for chronic augmentation and maintenance therapy in adults with clinical evidence of emphysema due to severe hereditary deficiency of Alpha-1 Antitrypsin. ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. (b) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.-- Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment for Intravenous Administration Kits and Nursing Services for Alpha-1 Antitrypsin Deficiency Disorder Treatment.--The Secretary shall implement a payment system under which payment is made under this title to a qualified home infusion therapy supplier (as defined in section 1861(lll)(3)(D)) for intravenous administration kits and nursing services for up to 2 hours of care by a qualified home infusion therapy supplier in coordination with the furnishing of augmentation therapy (as defined in section 1861(lll)(2)(C)).''. (c) Conforming Amendments.-- (1) Payment reference.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Disorder treatment (as defined in subsection (lll)(1)), the amount paid for such kits and services shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under section 1834(z)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. (3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. <all>

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. ( (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. 2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. 2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. ( (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. 2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. ( (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. 2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. ( (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. 2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

To amend title XVIII of the Social Security Act to provide for coverage and payment of Alpha-1 Antitrypsin Deficiency Disorder treatment under part B of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(2) For purposes of this subsection: ``(A) The term `applicable provider' means-- ``(i) a physician; ``(ii) a nurse practitioner; and ``(iii) a physician assistant. ``(B) The term `home' means a place of residence used as the home of an individual (as defined for purposes of subsection (n)). ``(D) The term `qualified home infusion therapy supplier' has the meaning given such term in subsection (iii)(3)(D)(i).''. ( (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(J)''; and (B) by inserting before the period at the end the following: ``, and (K) in the case of intravenous administration kits and nursing services described in section 1834(z), payment shall be made to the qualified home infusion therapy supplier (as defined in section 1861(lll)(2)(D))''. ( 3) Exclusion from home health services.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended, in the first sentence, by inserting the following before the period at the end: ``and intravenous administration kits and nursing services described in section 1834(z) for Alpha-1 Antitrypsin Deficiency Disorder treatment (as defined in subsection (lll)(1))''. (

H.R.4152

Energy

Appalachian Regional Energy Hub Initiative Act This bill authorizes the Appalachian Regional Commission through FY2026. It also requires the commission to provide technical assistance and grants to individuals or entities in the Appalachian region for projects and activities (1) to conduct research and analysis regarding the impact of an ethane storage hub in the region, (2) with the potential to significantly contribute to the economic resilience of the area where the project is located, and (3) that will help establish a regional energy hub in the region for natural gas and natural gas liquids.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Energy Hub Initiative Act''. SEC. 2. APPALACHIAN REGIONAL ENERGY HUB. (a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14511. Appalachian regional energy hub initiative ``(a) In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section-- ``(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ``14511. Appalachian regional energy hub initiative.''. (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''. <all>

Appalachian Regional Energy Hub Initiative Act

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes.

Appalachian Regional Energy Hub Initiative Act

Rep. McKinley, David B.

R

WV

This bill authorizes the Appalachian Regional Commission through FY2026. It also requires the commission to provide technical assistance and grants to individuals or entities in the Appalachian region for projects and activities (1) to conduct research and analysis regarding the impact of an ethane storage hub in the region, (2) with the potential to significantly contribute to the economic resilience of the area where the project is located, and (3) that will help establish a regional energy hub in the region for natural gas and natural gas liquids.

SHORT TITLE. SEC. 2. APPALACHIAN REGIONAL ENERGY HUB. 14511. Appalachian regional energy hub initiative ``(a) In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section-- ``(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ``14511. ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

SHORT TITLE. SEC. 2. APPALACHIAN REGIONAL ENERGY HUB. 14511. Appalachian regional energy hub initiative ``(a) In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ``14511. ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Energy Hub Initiative Act''. SEC. 2. APPALACHIAN REGIONAL ENERGY HUB. (a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14511. Appalachian regional energy hub initiative ``(a) In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section-- ``(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ``14511. Appalachian regional energy hub initiative.''. (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''. <all>

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Energy Hub Initiative Act''. SEC. 2. APPALACHIAN REGIONAL ENERGY HUB. (a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14511. Appalachian regional energy hub initiative ``(a) In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section-- ``(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ``14511. Appalachian regional energy hub initiative.''. (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''. <all>

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026. ''; ( 2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. ( c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. ( c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026. ''; ( 2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. ( c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026. ''; ( 2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. ( c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026. ''; ( 2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( ''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. ( c) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''.

To amend title 40, United States Code, to establish an Appalachian regional energy hub initiative, and for other purposes. a) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. ( (b) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026. ''; ( 2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (

H.R.4858

Immigration

Remote Naturalization Act This bill requires the Department of Homeland Security to establish procedures to provide for remote oath ceremonies for naturalization, including through the use of videoconferencing technology. Under this bill, the option to participate in a remote oath ceremony shall be available to an individual with an approved naturalization application who is unable to attend a ceremony in person, including if in-person ceremonies have been cancelled due to a declared national emergency.

To permit remote oath ceremonies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Naturalization Act''. SEC. 2. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 337 the following: ``SEC. 337A. REMOTE OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(b) Eligible Individuals.--Notwithstanding section 310(b), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual-- ``(1) has an approved application for naturalization; ``(2) is unable otherwise to complete the naturalization process due to-- ``(A) the cancellation or suspension of in-person oath ceremonies during-- ``(i) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); ``(ii) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(c) Additional Requirements.--Upon establishing the procedures described in subsection (a), the Secretary of Homeland Security shall-- ``(1) without undue delay, provide written notice to individuals described in subsection (b)(1) of the option of participating in a remote oath ceremony in lieu of a participating in an in-person ceremony; ``(2) to the greatest extent practicable, ensure that remote oath ceremonies are administered to individuals who elect to participate in such a ceremony not later than 30 days after the individual so notifies the Secretary; and ``(3) administer oath ceremonies to all other eligible individuals as expeditiously as possible after the end of the public health emergency referred to in subsection (b)(2). ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, for each State and political subdivision of a State, the number of-- ``(1) individuals who were scheduled for an in-person oath ceremony that was cancelled due to an emergency described in subsection (b)(2)(A); ``(2) individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony; ``(3) individuals who completed the naturalization process by participating in a remote oath ceremony; and ``(4) remote oath ceremonies that were conducted in the previous year. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''. <all>

Remote Naturalization Act

To permit remote oath ceremonies, and for other purposes.

Remote Naturalization Act

Rep. Torres, Norma J.

D

CA

This bill requires the Department of Homeland Security to establish procedures to provide for remote oath ceremonies for naturalization, including through the use of videoconferencing technology. Under this bill, the option to participate in a remote oath ceremony shall be available to an individual with an approved naturalization application who is unable to attend a ceremony in person, including if in-person ceremonies have been cancelled due to a declared national emergency.

To permit remote oath ceremonies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 337 the following: ``SEC. 337A. REMOTE OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(b) Eligible Individuals.--Notwithstanding section 310(b), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual-- ``(1) has an approved application for naturalization; ``(2) is unable otherwise to complete the naturalization process due to-- ``(A) the cancellation or suspension of in-person oath ceremonies during-- ``(i) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq. ); ``(ii) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, for each State and political subdivision of a State, the number of-- ``(1) individuals who were scheduled for an in-person oath ceremony that was cancelled due to an emergency described in subsection (b)(2)(A); ``(2) individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony; ``(3) individuals who completed the naturalization process by participating in a remote oath ceremony; and ``(4) remote oath ceremonies that were conducted in the previous year. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1101 et seq.) is amended by inserting after section 337 the following: ``SEC. 337A. REMOTE OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(b) Eligible Individuals.--Notwithstanding section 310(b), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual-- ``(1) has an approved application for naturalization; ``(2) is unable otherwise to complete the naturalization process due to-- ``(A) the cancellation or suspension of in-person oath ceremonies during-- ``(i) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. ); ``(ii) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Naturalization Act''. SEC. 2. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 337 the following: ``SEC. 337A. REMOTE OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(b) Eligible Individuals.--Notwithstanding section 310(b), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual-- ``(1) has an approved application for naturalization; ``(2) is unable otherwise to complete the naturalization process due to-- ``(A) the cancellation or suspension of in-person oath ceremonies during-- ``(i) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); ``(ii) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(c) Additional Requirements.--Upon establishing the procedures described in subsection (a), the Secretary of Homeland Security shall-- ``(1) without undue delay, provide written notice to individuals described in subsection (b)(1) of the option of participating in a remote oath ceremony in lieu of a participating in an in-person ceremony; ``(2) to the greatest extent practicable, ensure that remote oath ceremonies are administered to individuals who elect to participate in such a ceremony not later than 30 days after the individual so notifies the Secretary; and ``(3) administer oath ceremonies to all other eligible individuals as expeditiously as possible after the end of the public health emergency referred to in subsection (b)(2). ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, for each State and political subdivision of a State, the number of-- ``(1) individuals who were scheduled for an in-person oath ceremony that was cancelled due to an emergency described in subsection (b)(2)(A); ``(2) individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony; ``(3) individuals who completed the naturalization process by participating in a remote oath ceremony; and ``(4) remote oath ceremonies that were conducted in the previous year. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''. <all>

To permit remote oath ceremonies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Naturalization Act''. SEC. 2. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 337 the following: ``SEC. 337A. REMOTE OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(b) Eligible Individuals.--Notwithstanding section 310(b), an individual may complete the naturalization process by participating in a remote oath ceremony conducted pursuant to subsection (a) if such individual-- ``(1) has an approved application for naturalization; ``(2) is unable otherwise to complete the naturalization process due to-- ``(A) the cancellation or suspension of in-person oath ceremonies during-- ``(i) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); ``(ii) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(c) Additional Requirements.--Upon establishing the procedures described in subsection (a), the Secretary of Homeland Security shall-- ``(1) without undue delay, provide written notice to individuals described in subsection (b)(1) of the option of participating in a remote oath ceremony in lieu of a participating in an in-person ceremony; ``(2) to the greatest extent practicable, ensure that remote oath ceremonies are administered to individuals who elect to participate in such a ceremony not later than 30 days after the individual so notifies the Secretary; and ``(3) administer oath ceremonies to all other eligible individuals as expeditiously as possible after the end of the public health emergency referred to in subsection (b)(2). ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, for each State and political subdivision of a State, the number of-- ``(1) individuals who were scheduled for an in-person oath ceremony that was cancelled due to an emergency described in subsection (b)(2)(A); ``(2) individuals who elected to participate in a remote oath ceremony in lieu of an in-person public ceremony; ``(3) individuals who completed the naturalization process by participating in a remote oath ceremony; and ``(4) remote oath ceremonies that were conducted in the previous year. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''. <all>

To permit remote oath ceremonies, and for other purposes. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

To permit remote oath ceremonies, and for other purposes. ``(a) Remote Oath Ceremonies.--Not later than 30 days after the date of the enactment of this section, the Secretary of Homeland Security shall establish procedures for the administration of the oath of renunciation and allegiance under section 337 using remote videoconferencing, or other remote means for individuals who cannot reasonably access, understand, or use remote videoconferencing, as an alternative to an in-person oath ceremony. ); ``(iii) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or ``(iv) any emergency that, in the judgment of the Secretary of Homeland Security, is appropriate for the cancellation or suspension of such ceremonies; or ``(B) the inability of the individual to attend the ceremony in person; and ``(3) elects to participate in a remote oath ceremony in lieu of waiting for an in-person ceremony. ``(d) Clarification.--Failure to appear for a remote oath ceremony shall not create a presumption that the individual has abandoned his or her intent to be naturalized. ``(f) Funding.--In addition to any funds appropriated to carry out this section, the Secretary of Homeland Security may use funds from the Immigration Examinations Fee Account under section 286(m) to carry out this section.''.

H.R.526

Health

Ensuring Coverage in Public Health Emergencies Act of 2021 This bill requires private health insurance plans to provide a 30-day special enrollment period for eligible individuals after a public health emergency is declared. An employee who is eligible but not enrolled may enroll in an employer-provided group health plan during the special enrollment period.

To provide for special enrollment periods during public health emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. SEC. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. (a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. 300gg-3(f)), by adding at the end the following: ``(4) Public health emergencies.--If the Secretary declares a public health emergency under section 319, a group health plan, and a group health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date. <all>

Ensuring Coverage in Public Health Emergencies Act of 2021

To provide for special enrollment periods during public health emergencies.

Ensuring Coverage in Public Health Emergencies Act of 2021

Rep. Doggett, Lloyd

D

TX

This bill requires private health insurance plans to provide a 30-day special enrollment period for eligible individuals after a public health emergency is declared. An employee who is eligible but not enrolled may enroll in an employer-provided group health plan during the special enrollment period.

To provide for special enrollment periods during public health emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. (a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. 300gg et seq.) 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date.

To provide for special enrollment periods during public health emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. SEC. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. (a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. 300gg-3(f)), by adding at the end the following: ``(4) Public health emergencies.--If the Secretary declares a public health emergency under section 319, a group health plan, and a group health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date. <all>

To provide for special enrollment periods during public health emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. SEC. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. (a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. 300gg-3(f)), by adding at the end the following: ``(4) Public health emergencies.--If the Secretary declares a public health emergency under section 319, a group health plan, and a group health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date. <all>

To provide for special enrollment periods during public health emergencies. is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. EFFECTIVE DATE; APPLICATION.

To provide for special enrollment periods during public health emergencies. a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.

To provide for special enrollment periods during public health emergencies. a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.

To provide for special enrollment periods during public health emergencies. is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. EFFECTIVE DATE; APPLICATION.

To provide for special enrollment periods during public health emergencies. a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.

To provide for special enrollment periods during public health emergencies. is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. EFFECTIVE DATE; APPLICATION.

To provide for special enrollment periods during public health emergencies. a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.

To provide for special enrollment periods during public health emergencies. is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. EFFECTIVE DATE; APPLICATION.

To provide for special enrollment periods during public health emergencies. a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law.

To provide for special enrollment periods during public health emergencies. is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. ( (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. EFFECTIVE DATE; APPLICATION.

H.R.3493

Immigration

Family Reunification Act of 2021 This bill addresses issues related to aliens obtaining legal permanent resident status, including by removing certain deadlines in a provision that allows eligible aliens to obtain such status. Specifically, the bill amends a provision that allows an alien to obtain lawful permanent resident status if the alien (1) is physically present in the United States, (2) entered the United States without inspection or meets certain other criteria, (3) is a beneficiary of a qualifying family-based immigrant petition or a labor certification application filed no later than April 30, 2001, and (4) has filed an application and meets other requirements. This bill removes the April 30, 2001, deadline for the filing of the required immigrant petition or labor certification. It also removes another requirement for certain applying aliens to have been physically present in the United States on December 21, 2000. Furthermore, a beneficiary of a family-based immigrant petition that appears to be eligible for approval may not be removed while the petition is pending. The bill also makes nonimmigrant V visas available to a beneficiary of an approved family-based immigrant petition, subject to certain requirements, regardless of when the immigrant petition was filed or how long it has been pending. Currently, a V visa is only available to an alien whose approved family-based immigrant petition was filed no later than December 11, 2000, and has been pending for at least three years. A V visa holder may not receive any means-tested public benefits or certain health insurance-related benefits.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reunification Act of 2021''. SEC. 2. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS. Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended-- (1) in subparagraph (A), by adding ``and'' at the end; (2) in subparagraph (B)-- (A) in clause (i), by striking ``or before April 30, 2001''; and (B) in clause (ii), by striking ``on or before such date; and'' and inserting a period; and (3) by striking subparagraph (C). SEC. 3. DEPOSIT OF CERTAIN FUNDS. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. SEC. 4. LIMITATION ON REMOVAL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. SEC. 5. V NONIMMIGRANT VISAS. (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. (b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). ``(ii) Health care coverage.--A noncitizen admitted under section 101(a)(15)(V)-- ``(I) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; ``(II) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; ``(III) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. <all>

Family Reunification Act of 2021

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status.

Family Reunification Act of 2021

Rep. Espaillat, Adriano

D

NY

This bill addresses issues related to aliens obtaining legal permanent resident status, including by removing certain deadlines in a provision that allows eligible aliens to obtain such status. Specifically, the bill amends a provision that allows an alien to obtain lawful permanent resident status if the alien (1) is physically present in the United States, (2) entered the United States without inspection or meets certain other criteria, (3) is a beneficiary of a qualifying family-based immigrant petition or a labor certification application filed no later than April 30, 2001, and (4) has filed an application and meets other requirements. This bill removes the April 30, 2001, deadline for the filing of the required immigrant petition or labor certification. It also removes another requirement for certain applying aliens to have been physically present in the United States on December 21, 2000. Furthermore, a beneficiary of a family-based immigrant petition that appears to be eligible for approval may not be removed while the petition is pending. The bill also makes nonimmigrant V visas available to a beneficiary of an approved family-based immigrant petition, subject to certain requirements, regardless of when the immigrant petition was filed or how long it has been pending. Currently, a V visa is only available to an alien whose approved family-based immigrant petition was filed no later than December 11, 2000, and has been pending for at least three years. A V visa holder may not receive any means-tested public benefits or certain health insurance-related benefits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reunification Act of 2021''. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS. 1255(i)(1)) is amended-- (1) in subparagraph (A), by adding ``and'' at the end; (2) in subparagraph (B)-- (A) in clause (i), by striking ``or before April 30, 2001''; and (B) in clause (ii), by striking ``on or before such date; and'' and inserting a period; and (3) by striking subparagraph (C). 3. DEPOSIT OF CERTAIN FUNDS. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. 4. LIMITATION ON REMOVAL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. SEC. 5. V NONIMMIGRANT VISAS. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

SHORT TITLE. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS. 1255(i)(1)) is amended-- (1) in subparagraph (A), by adding ``and'' at the end; (2) in subparagraph (B)-- (A) in clause (i), by striking ``or before April 30, 2001''; and (B) in clause (ii), by striking ``on or before such date; and'' and inserting a period; and (3) by striking subparagraph (C). 3. DEPOSIT OF CERTAIN FUNDS. 4. LIMITATION ON REMOVAL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. SEC. 5. V NONIMMIGRANT VISAS. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reunification Act of 2021''. 2. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS. 1255(i)(1)) is amended-- (1) in subparagraph (A), by adding ``and'' at the end; (2) in subparagraph (B)-- (A) in clause (i), by striking ``or before April 30, 2001''; and (B) in clause (ii), by striking ``on or before such date; and'' and inserting a period; and (3) by striking subparagraph (C). 3. DEPOSIT OF CERTAIN FUNDS. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. 4. LIMITATION ON REMOVAL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. SEC. 5. V NONIMMIGRANT VISAS. (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). ``(ii) Health care coverage.--A noncitizen admitted under section 101(a)(15)(V)-- ``(I) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; ``(II) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; ``(III) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reunification Act of 2021''. SEC. 2. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS. Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended-- (1) in subparagraph (A), by adding ``and'' at the end; (2) in subparagraph (B)-- (A) in clause (i), by striking ``or before April 30, 2001''; and (B) in clause (ii), by striking ``on or before such date; and'' and inserting a period; and (3) by striking subparagraph (C). SEC. 3. DEPOSIT OF CERTAIN FUNDS. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. SEC. 4. LIMITATION ON REMOVAL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. SEC. 5. V NONIMMIGRANT VISAS. (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. (b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). ``(ii) Health care coverage.--A noncitizen admitted under section 101(a)(15)(V)-- ``(I) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; ``(II) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; ``(III) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. <all>

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. DEPOSIT OF CERTAIN FUNDS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. ( ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. ( c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. DEPOSIT OF CERTAIN FUNDS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. ( ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. ( c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. DEPOSIT OF CERTAIN FUNDS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. ( ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. ( c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. DEPOSIT OF CERTAIN FUNDS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. ( ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. ( c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one- half of such remaining portion shall be deposited by the Attorney General into the''. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. b) Employment and Period of Admission of Nonimmigrants Described in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. DEPOSIT OF CERTAIN FUNDS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.''. ( ``(C) Public benefits.-- ``(i) In general.--A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 18071(e)); and ``(IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.''. ( c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed.''. 1184(q)(1)) is amended to read as follows: ``(q) Nonimmigrants Described in Section 101(a)(15)(V).-- ``(1) Certain sons and daughters.-- ``(A) Employment authorization.--The Secretary shall-- ``(i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and ``(ii) provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(B) Termination of admission.--The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which-- ``(i) the nonimmigrant's application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or ``(ii) the nonimmigrant's application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied.

H.R.6975

Commerce

Rural Investment in America Act This bill authorizes the Small Business Administration to make loans for certain costs to businesses that manufacture goods essential to critical infrastructure sectors in rural areas. Businesses that meet at least 75% of their job creation goals under such loans may receive partial loan forgiveness.

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Investment in America Act''. SEC. 2. RURAL MANUFACTURING LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent.''; and (2) by adding at the end the following new paragraph: ``(38) Rural manufacturing loans.-- ``(A) In general.--The Administrator may guarantee a loan made under this paragraph to a covered applicant for the purpose of paying any eligible costs associated with the development of a business concern that manufactures goods essential to critical infrastructure sectors in rural areas. ``(B) Application.--A covered applicant shall submit an application for a loan under this paragraph which shall include a comprehensive business plan that includes a goal for the resulting number of jobs to be created at the site that will be developed or expanded with the proceeds of such loan. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(ii) If the Administrator makes a determination that the covered applicant only used loan proceeds for eligible costs, the covered applicant shall receive loan forgiveness in an amount-- ``(I) less than or equal to an amount that is 50 percent of the total financing amount specified by the covered applicant; and ``(II) less than or equal to maximum amount allowable under paragraph (3)(A). ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Provision of loans prior to completion of study.--The Administrator may guarantee a loan made under this paragraph before the completion of the study required under clause (i). ``(iii) Additional critical infrastructure sectors.--The Administrator may, at any time, take such actions as are necessary to identify additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). ``(iii) Eligible costs.--The term `eligible costs' means-- ``(I) payroll, construction, permitting, and other capital costs associated with-- ``(aa) the development of a site located in a rural area industrial park for a business that manufactures goods that are essential to critical infrastructure sectors at such site; and ``(bb) the expansion of such a site for purposes of employing a larger workforce at such site; and ``(II) any other costs the Administrator determines to be appropriate.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a). <all>

Rural Investment in America Act

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes.

Rural Investment in America Act

Rep. Davis, Rodney

R

IL

This bill authorizes the Small Business Administration to make loans for certain costs to businesses that manufacture goods essential to critical infrastructure sectors in rural areas. Businesses that meet at least 75% of their job creation goals under such loans may receive partial loan forgiveness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. RURAL MANUFACTURING LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ``(B) Application.--A covered applicant shall submit an application for a loan under this paragraph which shall include a comprehensive business plan that includes a goal for the resulting number of jobs to be created at the site that will be developed or expanded with the proceeds of such loan. ``(ii) If the Administrator makes a determination that the covered applicant only used loan proceeds for eligible costs, the covered applicant shall receive loan forgiveness in an amount-- ``(I) less than or equal to an amount that is 50 percent of the total financing amount specified by the covered applicant; and ``(II) less than or equal to maximum amount allowable under paragraph (3)(A). ``(ii) Provision of loans prior to completion of study.--The Administrator may guarantee a loan made under this paragraph before the completion of the study required under clause (i). ``(iii) Additional critical infrastructure sectors.--The Administrator may, at any time, take such actions as are necessary to identify additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. RURAL MANUFACTURING LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ``(B) Application.--A covered applicant shall submit an application for a loan under this paragraph which shall include a comprehensive business plan that includes a goal for the resulting number of jobs to be created at the site that will be developed or expanded with the proceeds of such loan. ``(ii) If the Administrator makes a determination that the covered applicant only used loan proceeds for eligible costs, the covered applicant shall receive loan forgiveness in an amount-- ``(I) less than or equal to an amount that is 50 percent of the total financing amount specified by the covered applicant; and ``(II) less than or equal to maximum amount allowable under paragraph (3)(A). ``(ii) Provision of loans prior to completion of study.--The Administrator may guarantee a loan made under this paragraph before the completion of the study required under clause (i). ``(iii) Additional critical infrastructure sectors.--The Administrator may, at any time, take such actions as are necessary to identify additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site.

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Investment in America Act''. SEC. 2. RURAL MANUFACTURING LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ``(B) Application.--A covered applicant shall submit an application for a loan under this paragraph which shall include a comprehensive business plan that includes a goal for the resulting number of jobs to be created at the site that will be developed or expanded with the proceeds of such loan. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(ii) If the Administrator makes a determination that the covered applicant only used loan proceeds for eligible costs, the covered applicant shall receive loan forgiveness in an amount-- ``(I) less than or equal to an amount that is 50 percent of the total financing amount specified by the covered applicant; and ``(II) less than or equal to maximum amount allowable under paragraph (3)(A). ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Provision of loans prior to completion of study.--The Administrator may guarantee a loan made under this paragraph before the completion of the study required under clause (i). ``(iii) Additional critical infrastructure sectors.--The Administrator may, at any time, take such actions as are necessary to identify additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). ``(iii) Eligible costs.--The term `eligible costs' means-- ``(I) payroll, construction, permitting, and other capital costs associated with-- ``(aa) the development of a site located in a rural area industrial park for a business that manufactures goods that are essential to critical infrastructure sectors at such site; and ``(bb) the expansion of such a site for purposes of employing a larger workforce at such site; and ``(II) any other costs the Administrator determines to be appropriate.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Investment in America Act''. SEC. 2. RURAL MANUFACTURING LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent.''; and (2) by adding at the end the following new paragraph: ``(38) Rural manufacturing loans.-- ``(A) In general.--The Administrator may guarantee a loan made under this paragraph to a covered applicant for the purpose of paying any eligible costs associated with the development of a business concern that manufactures goods essential to critical infrastructure sectors in rural areas. ``(B) Application.--A covered applicant shall submit an application for a loan under this paragraph which shall include a comprehensive business plan that includes a goal for the resulting number of jobs to be created at the site that will be developed or expanded with the proceeds of such loan. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(ii) If the Administrator makes a determination that the covered applicant only used loan proceeds for eligible costs, the covered applicant shall receive loan forgiveness in an amount-- ``(I) less than or equal to an amount that is 50 percent of the total financing amount specified by the covered applicant; and ``(II) less than or equal to maximum amount allowable under paragraph (3)(A). ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Provision of loans prior to completion of study.--The Administrator may guarantee a loan made under this paragraph before the completion of the study required under clause (i). ``(iii) Additional critical infrastructure sectors.--The Administrator may, at any time, take such actions as are necessary to identify additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). ``(iii) Eligible costs.--The term `eligible costs' means-- ``(I) payroll, construction, permitting, and other capital costs associated with-- ``(aa) the development of a site located in a rural area industrial park for a business that manufactures goods that are essential to critical infrastructure sectors at such site; and ``(bb) the expansion of such a site for purposes of employing a larger workforce at such site; and ``(II) any other costs the Administrator determines to be appropriate.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a). <all>

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ''; ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ''; ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ''; ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (F)'' and inserting ``(F), and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Participation in rural manufacturing loans.-- In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ''; ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(D) Identification of additional critical infrastructure sectors.-- ``(i) Study.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a study to identify any additional sectors to be included in the definition of the term `critical infrastructure sector' under this paragraph. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $2,000,000,000, which shall be authorized to remain available until expended, to carry out paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. ``(C) Loan forgiveness.--A covered applicant shall be eligible for forgiveness of any indebtedness on a loan made under this paragraph as follows: ``(i) If the covered applicant has met 75 percent or more of the job creation goals of the comprehensive business plan described in subparagraph (B) not later than 5 years after the date of origination of the loan. ``(E) Definitions.--In this paragraph: ``(i) Covered applicant.--The term `covered applicant' means a business that-- ``(I) has a site located in rural area industrial park, manufactures goods that are essential to critical infrastructure sectors at such site, and intends to expand such site for purposes of employing a larger workforce at such site; or ``(II) is developing a site located in a rural area industrial park to manufacture goods that are essential to critical infrastructure sectors at such site. ``(ii) Critical infrastructure sector.--The term `critical infrastructure sector' means-- ``(I) each of the 16 critical infrastructure sectors designated in Presidential Policy Directive 21, titled `Critical Infrastructure Security and Resilience' and published on February 12, 2013; ``(II) any additional sectors identified pursuant to section 9002 of the National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a); and ``(III) any additional sectors the Administrator identifies under subparagraph (C). (

S.3422

Health

Expanding Medical Education Act This bill authorizes the Health Resources and Services Administration (HRSA) to award grants to institutions of higher education, or consortia of such institutions, to establish or expand medical schools. In awarding these grants, HRSA must prioritize minority-serving institutions or those that propose to establish or expand schools in medically underserved communities or areas with shortages of health professionals where no such schools exist.

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Medical Education Act''. SEC. 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: ``SEC. 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.''. <all>

Expanding Medical Education Act

A bill to establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas.

Expanding Medical Education Act

Sen. Kaine, Tim

D

VA

This bill authorizes the Health Resources and Services Administration (HRSA) to award grants to institutions of higher education, or consortia of such institutions, to establish or expand medical schools. In awarding these grants, HRSA must prioritize minority-serving institutions or those that propose to establish or expand schools in medically underserved communities or areas with shortages of health professionals where no such schools exist.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. Subpart II of part C of title VII of the Public Health Service Act (42 U.S.C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS. ``(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). ``(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. ``(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. ``(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).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. Subpart II of part C of title VII of the Public Health Service Act (42 U.S.C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS. ``(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). ``(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. ``(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. ``(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).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. 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: ``SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS. ``(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). 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. ``(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.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. 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: ``SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS. ``(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). ``(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. ``(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.''.

To establish a grant program to support 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. ``(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. ``(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. ``(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. ``(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. ``(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).

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. ``(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. ``(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. ``(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. ``(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.

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. ``(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. ``(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. ``(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. ``(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.

To establish a grant program to support 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. ``(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. ``(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. ``(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. ``(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. ``(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).

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. ``(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. ``(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. ``(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. ``(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.

To establish a grant program to support 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. ``(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. ``(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. ``(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. ``(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. ``(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).

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. ``(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. ``(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. ``(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. ``(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.

To establish a grant program to support 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. ``(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. ``(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. ``(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. ``(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. ``(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).

To establish a grant program to support schools of medicine and schools of osteopathic medicine in underserved areas. ``(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. ``(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. ``(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. ``(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.

To establish a grant program to support 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. ``(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. ``(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. ``(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. ``(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. ``(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.R.5382

Crime and Law Enforcement

Providing Officers With Electronic Resources Act or the POWER Act This bill authorizes the Office of Community Oriented Policing Services within the Department of Justice to make grants to law enforcement agencies to purchase a chemical screening device and to train personnel to use, and interpret data collected by, such device.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Officers With Electronic Resources Act'' or the ``POWER Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) chemical screening devices enhance the ability of law enforcement agencies to identify unknown chemical substances seized or otherwise encountered by law enforcement officers; and (2) equipping law enforcement agencies with technology that can more efficiently identify substances, such as heroin, fentanyl, methamphetamine, and other narcotics, will ensure that law enforcement agencies can-- (A) investigate cases more quickly and safely; (B) better deploy resources and strategies to prevent illegal substances from entering and harming communities throughout the United States; and (C) share spectral data with other law enforcement agencies and State and local fusion centers. (b) Purpose.--The purpose of this Act is to provide grants to State, local, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to-- (1) enhance law enforcement efficiency; and (2) protect law enforcement officers. SEC. 3. DEFINITIONS. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. (2) Attorney general.--The term ``Attorney General'' means the Attorney General, acting through the Director of the Office of Community Oriented Policing Services. (3) Chemical screening device.--The term ``chemical screening device'' means an infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, ion mobility spectrometer, or any other scientific instrumentation that is able to collect data that can be interpreted to determine the presence and identity of a covered substance. (4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. (5) Covered substance.--The term ``covered substance'' means-- (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (8) Law enforcement agency.--The term ``law enforcement agency'' means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. (10) Recipient.--The term ``recipient'' means an applicant that receives a grant under section 4. (11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 4. GRANTS. (a) Grants Authorized.--The Attorney General may award grants to applicants to-- (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (b) Applications.-- (1) In general.--The chief law enforcement officer of an applicant shall submit to the Attorney General an application that-- (A) shall include-- (i) a statement describing the need for a chemical screening device in the jurisdiction of the applicant; and (ii) a certification-- (I) of the number of chemical screening devices the applicant owns or possesses; (II) that not less than 1 employee of the applicant will be trained to-- (aa) use any chemical screening device purchased using grant funds; and (bb) interpret data collected by any chemical screening device purchased using grant funds; and (III) that the applicant will make any chemical screening device purchased using grant funds reasonably available to test a covered substance seized by a law enforcement agency near the jurisdiction of the applicant; and (B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include-- (i) information relating to-- (I) the process used by the applicant to identify a covered substance seized by the applicant, including-- (aa) the approximate average amount of time required for the applicant to identify a covered substance; and (bb) as of the date of the application, the number of cases in which the applicant is awaiting identification of a covered substance; (II) any documented case of a law enforcement officer, first responder, or treating medical personnel in the jurisdiction of the applicant who has suffered an accidental drug overdose caused by exposure to a covered substance while in the line of duty; (III) any chemical screening device the applicant will purchase using grant funds, including the estimated cost of the chemical screening device; and (IV) any estimated costs relating to training personnel of the applicant to use a chemical screening device purchased using grant funds; and (ii) data relating to-- (I) the approximate amount of covered substances seized by the applicant during the 2-year period ending on the date of the application, categorized by the type of covered substance seized; and (II) the approximate number of covered substance overdoses in the jurisdiction of the applicant that the applicant investigated or responded to during the 2-year period ending on the date of the application, categorized by fatal and nonfatal overdoses. (2) Joint applications.-- (A) In general.--Two or more law enforcement agencies, including law enforcement agencies located in different States, that have jurisdiction over areas that are geographically contiguous may submit a joint application for a grant under this section that includes-- (i) for each law enforcement agency-- (I) all information required under paragraph (1)(A); and (II) any optional information described in paragraph (1)(B) that each law enforcement agency chooses to include; (ii) a plan for the sharing of any chemical screening devices purchased or training provided using grant funds; and (iii) a certification that not less than 1 employee of each law enforcement agency will be trained to-- (I) use any chemical screening device purchased using grant funds; and (II) interpret data collected by any chemical screening device purchased using grant funds. (B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. (c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). (2) Administrative costs.--Not more than 3 percent of any grant awarded under this section may be used for administrative costs. (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4. <all>

POWER Act

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.

POWER Act Providing Officers With Electronic Resources Act

Rep. Lamb, Conor

D

PA

This bill authorizes the Office of Community Oriented Policing Services within the Department of Justice to make grants to law enforcement agencies to purchase a chemical screening device and to train personnel to use, and interpret data collected by, such device.

SHORT TITLE. 2. 3. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. (5) Covered substance.--The term ``covered substance'' means-- (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. GRANTS. (a) Grants Authorized.--The Attorney General may award grants to applicants to-- (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. (c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). SEC.

SHORT TITLE. 2. 3. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. (5) Covered substance.--The term ``covered substance'' means-- (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. GRANTS. (a) Grants Authorized.--The Attorney General may award grants to applicants to-- (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. (c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS; PURPOSE. 3. DEFINITIONS. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. (3) Chemical screening device.--The term ``chemical screening device'' means an infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, ion mobility spectrometer, or any other scientific instrumentation that is able to collect data that can be interpreted to determine the presence and identity of a covered substance. (5) Covered substance.--The term ``covered substance'' means-- (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (10) Recipient.--The term ``recipient'' means an applicant that receives a grant under section 4. 10251). GRANTS. (a) Grants Authorized.--The Attorney General may award grants to applicants to-- (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (b) Applications.-- (1) In general.--The chief law enforcement officer of an applicant shall submit to the Attorney General an application that-- (A) shall include-- (i) a statement describing the need for a chemical screening device in the jurisdiction of the applicant; and (ii) a certification-- (I) of the number of chemical screening devices the applicant owns or possesses; (II) that not less than 1 employee of the applicant will be trained to-- (aa) use any chemical screening device purchased using grant funds; and (bb) interpret data collected by any chemical screening device purchased using grant funds; and (III) that the applicant will make any chemical screening device purchased using grant funds reasonably available to test a covered substance seized by a law enforcement agency near the jurisdiction of the applicant; and (B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include-- (i) information relating to-- (I) the process used by the applicant to identify a covered substance seized by the applicant, including-- (aa) the approximate average amount of time required for the applicant to identify a covered substance; and (bb) as of the date of the application, the number of cases in which the applicant is awaiting identification of a covered substance; (II) any documented case of a law enforcement officer, first responder, or treating medical personnel in the jurisdiction of the applicant who has suffered an accidental drug overdose caused by exposure to a covered substance while in the line of duty; (III) any chemical screening device the applicant will purchase using grant funds, including the estimated cost of the chemical screening device; and (IV) any estimated costs relating to training personnel of the applicant to use a chemical screening device purchased using grant funds; and (ii) data relating to-- (I) the approximate amount of covered substances seized by the applicant during the 2-year period ending on the date of the application, categorized by the type of covered substance seized; and (II) the approximate number of covered substance overdoses in the jurisdiction of the applicant that the applicant investigated or responded to during the 2-year period ending on the date of the application, categorized by fatal and nonfatal overdoses. (B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. (c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Officers With Electronic Resources Act'' or the ``POWER Act''. 2. FINDINGS; PURPOSE. 3. DEFINITIONS. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. (2) Attorney general.--The term ``Attorney General'' means the Attorney General, acting through the Director of the Office of Community Oriented Policing Services. (3) Chemical screening device.--The term ``chemical screening device'' means an infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, ion mobility spectrometer, or any other scientific instrumentation that is able to collect data that can be interpreted to determine the presence and identity of a covered substance. (5) Covered substance.--The term ``covered substance'' means-- (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (8) Law enforcement agency.--The term ``law enforcement agency'' means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (10) Recipient.--The term ``recipient'' means an applicant that receives a grant under section 4. (11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). GRANTS. (a) Grants Authorized.--The Attorney General may award grants to applicants to-- (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (b) Applications.-- (1) In general.--The chief law enforcement officer of an applicant shall submit to the Attorney General an application that-- (A) shall include-- (i) a statement describing the need for a chemical screening device in the jurisdiction of the applicant; and (ii) a certification-- (I) of the number of chemical screening devices the applicant owns or possesses; (II) that not less than 1 employee of the applicant will be trained to-- (aa) use any chemical screening device purchased using grant funds; and (bb) interpret data collected by any chemical screening device purchased using grant funds; and (III) that the applicant will make any chemical screening device purchased using grant funds reasonably available to test a covered substance seized by a law enforcement agency near the jurisdiction of the applicant; and (B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include-- (i) information relating to-- (I) the process used by the applicant to identify a covered substance seized by the applicant, including-- (aa) the approximate average amount of time required for the applicant to identify a covered substance; and (bb) as of the date of the application, the number of cases in which the applicant is awaiting identification of a covered substance; (II) any documented case of a law enforcement officer, first responder, or treating medical personnel in the jurisdiction of the applicant who has suffered an accidental drug overdose caused by exposure to a covered substance while in the line of duty; (III) any chemical screening device the applicant will purchase using grant funds, including the estimated cost of the chemical screening device; and (IV) any estimated costs relating to training personnel of the applicant to use a chemical screening device purchased using grant funds; and (ii) data relating to-- (I) the approximate amount of covered substances seized by the applicant during the 2-year period ending on the date of the application, categorized by the type of covered substance seized; and (II) the approximate number of covered substance overdoses in the jurisdiction of the applicant that the applicant investigated or responded to during the 2-year period ending on the date of the application, categorized by fatal and nonfatal overdoses. (B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. (c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). (2) Administrative costs.--Not more than 3 percent of any grant awarded under this section may be used for administrative costs. (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. ( 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). ( (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. ( There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. AUTHORIZATION OF APPROPRIATIONS.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. AUTHORIZATION OF APPROPRIATIONS.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. ( 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). ( (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. ( There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. AUTHORIZATION OF APPROPRIATIONS.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. ( 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). ( (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. ( There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. AUTHORIZATION OF APPROPRIATIONS.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. ( 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). ( (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. ( There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (6) Grant funds.--The term ``grant funds'' means funds from a grant awarded under section 4. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall-- (A) keep-- (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. AUTHORIZATION OF APPROPRIATIONS.

To provide grants to State, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Applicant.--The term ``applicant'' means a law enforcement agency that applies for a grant under section 4. ( 4) Chief law enforcement officer.--The term ``chief law enforcement officer'' has the meaning given the term in section 922(s) of title 18, United States Code. ( (9) Personnel.--The term ``personnel''-- (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. ( 11) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). B) Submission.--Law enforcement agencies submitting a joint application under subparagraph (A) shall-- (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of one of the law enforcement agencies to submit the joint application. ( c) Restrictions.-- (1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and tribal funds made available to any applicant for any of the purposes described in subsection (a). ( (d) Reports and Records.-- (1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing-- (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. ( There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.

H.R.6007

Health

This bill expands Medicare coverage of vaccines to include any vaccine for adults that is recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. Currently, Medicare covers vaccines for influenza, hepatitis B, pneumococcal disease, and COVID-19.

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANSION OF COVERAGE OF VACCINES UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; and (2) by adding at the end the following new clause: ``(ii) with respect to an adult individual, any other vaccine (which is approved by the Federal Food and Drug Administration) not described in clause (i) that is recommended by the Advisory Committee on Immunization Practices and its administration; and''. (b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii).''; and (iii) in subclause (VI), by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (B) in clause (v), by striking ``and (VI)'' and inserting ``(VI), and (VII)''. (3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (d) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. <all>

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes.

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes.

Rep. O'Halleran, Tom

D

AZ

This bill expands Medicare coverage of vaccines to include any vaccine for adults that is recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. Currently, Medicare covers vaccines for influenza, hepatitis B, pneumococcal disease, and COVID-19.

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANSION OF COVERAGE OF VACCINES UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; and (2) by adding at the end the following new clause: ``(ii) with respect to an adult individual, any other vaccine (which is approved by the Federal Food and Drug Administration) not described in clause (i) that is recommended by the Advisory Committee on Immunization Practices and its administration; and''. (b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii).''; and (iii) in subclause (VI), by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (B) in clause (v), by striking ``and (VI)'' and inserting ``(VI), and (VII)''. (3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (d) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. <all>

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANSION OF COVERAGE OF VACCINES UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; and (2) by adding at the end the following new clause: ``(ii) with respect to an adult individual, any other vaccine (which is approved by the Federal Food and Drug Administration) not described in clause (i) that is recommended by the Advisory Committee on Immunization Practices and its administration; and''. (b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; and (iii) in subclause (VI), by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (B) in clause (v), by striking ``and (VI)'' and inserting ``(VI), and (VII)''. (3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (d) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise.

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANSION OF COVERAGE OF VACCINES UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; and (2) by adding at the end the following new clause: ``(ii) with respect to an adult individual, any other vaccine (which is approved by the Federal Food and Drug Administration) not described in clause (i) that is recommended by the Advisory Committee on Immunization Practices and its administration; and''. (b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii).''; and (iii) in subclause (VI), by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (B) in clause (v), by striking ``and (VI)'' and inserting ``(VI), and (VII)''. (3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (d) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. <all>

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANSION OF COVERAGE OF VACCINES UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; and (2) by adding at the end the following new clause: ``(ii) with respect to an adult individual, any other vaccine (which is approved by the Federal Food and Drug Administration) not described in clause (i) that is recommended by the Advisory Committee on Immunization Practices and its administration; and''. (b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii).''; and (iii) in subclause (VI), by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (B) in clause (v), by striking ``and (VI)'' and inserting ``(VI), and (VII)''. (3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (d) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. <all>

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. 2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. ( c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. 2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. ( c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. 2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. ( c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. 2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. ( c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. 2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. ( c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. (

To amend title XVIII of the Social Security Act to provide for the expansion of coverage of vaccines under part B of the Medicare program, and for other purposes. b) Conforming Amendments.-- (1) Waiver of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``, and (12)'' and inserting ``, (12)''; (B) by striking ``section 1861(s)(10)(A)'' and inserting ``section 1861(s)(10)(A)(i)''; and (C) by inserting before the period at the end the following: ``, and (13) such deductible shall not apply with respect to vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii)''. (2) Waiver of cost-sharing under medicare advantage.-- Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)), as amended by section 3713(c) of the CARES Act (Public Law 116-136), is amended-- (A) in clause (iv)-- (i) by redesignating subclause (VII) as subclause (VIII); (ii) by inserting after subclause (VI) the following new subclause: ``(VII) Vaccines recommended by the Advisory Committee on Immunization Practices and their administration described in section 1861(s)(10)(A)(ii). ''; 3) Initial preventive medical examination.--Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``and hepatitis B vaccine'' and inserting ``COVID-19, hepatitis B, and other vaccines described in section 1861(s)(10)(A)(ii)''. (

H.R.8133

Health

Transparency of Hospital Billing Act This bill repeals certain exceptions to site-neutral payments with respect to Medicare payments to an off-campus outpatient department of a health care provider. It also requires providers to use separate, unique health identifiers when submitting a claim to a health insurance issuer for services provided at an off-campus outpatient department.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency of Hospital Billing Act''. SEC. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS. (a) Promoting Medicare Site-Neutral Payments.-- (1) Removing certain exceptions to the definition of an off-campus outpatient department of a provider.-- (A) In general.--Section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B)) is amended to read as follows: ``(B) Off-campus outpatient department of a provider.--For purposes of paragraph (1)(B)(v) and this paragraph, the term `off-campus outpatient department of a provider' means a department of a provider (as defined in section 413.65(a)(2) of title 42 of the Code of Federal Regulations, as in effect as of the date of the enactment of the Bipartisan Budget Act of 2015) that is not located-- ``(i) on the campus (as defined in such section 413.65(a)(2)) of such provider; or ``(ii) within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section 413.65(a)(2)).''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. (2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. (3) Clarifying secretarial authority to promote site- neutral payments.--Section 1833(t)(2)(F) of the Social Security Act (42 U.S.C. 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. (b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of a Provider.-- (1) In general.--Section 1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. (2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). (c) Off-Campus Departments of a Provider Billing Requirements.-- (1) Medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y)(ii)(V), by striking the period and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of a hospital with an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)), with respect to items and services furnished at such department of a provider on or after January 1, 2023, to bill under this title (including under part C of this title) for such items and services using the unique health identifier established for such department of a provider pursuant to section 1173(b)(3) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. (2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A PROVIDER. ``A health care provider may not, with respect to items and services furnished to an individual at an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act), submit a claim for such items and services to a group health plan or health insurance issuer, and may not hold such individual liable for such items and services, unless such items and services are billed-- ``(1) using the separate unique health identifier established for such department pursuant to section 1173(b)(3) of such Act; and ``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. (3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. (d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282. <all>

Transparency of Hospital Billing Act

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes.

Transparency of Hospital Billing Act

Rep. Spartz, Victoria

R

IN

This bill repeals certain exceptions to site-neutral payments with respect to Medicare payments to an off-campus outpatient department of a health care provider. It also requires providers to use separate, unique health identifiers when submitting a claim to a health insurance issuer for services provided at an off-campus outpatient department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS. 1395l(t)(21)(B)) is amended to read as follows: ``(B) Off-campus outpatient department of a provider.--For purposes of paragraph (1)(B)(v) and this paragraph, the term `off-campus outpatient department of a provider' means a department of a provider (as defined in section 413.65(a)(2) of title 42 of the Code of Federal Regulations, as in effect as of the date of the enactment of the Bipartisan Budget Act of 2015) that is not located-- ``(i) on the campus (as defined in such section 413.65(a)(2)) of such provider; or ``(ii) within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section 413.65(a)(2)).''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. (3) Clarifying secretarial authority to promote site- neutral payments.--Section 1833(t)(2)(F) of the Social Security Act (42 U.S.C. (b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of a Provider.-- (1) In general.--Section 1173(b) of the Social Security Act (42 U.S.C. (2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. (2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A PROVIDER. ``A health care provider may not, with respect to items and services furnished to an individual at an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act), submit a claim for such items and services to a group health plan or health insurance issuer, and may not hold such individual liable for such items and services, unless such items and services are billed-- ``(1) using the separate unique health identifier established for such department pursuant to section 1173(b)(3) of such Act; and ``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

SHORT TITLE. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. (3) Clarifying secretarial authority to promote site- neutral payments.--Section 1833(t)(2)(F) of the Social Security Act (42 U.S.C. (b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of a Provider.-- (1) In general.--Section 1173(b) of the Social Security Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A PROVIDER. ``A health care provider may not, with respect to items and services furnished to an individual at an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act), submit a claim for such items and services to a group health plan or health insurance issuer, and may not hold such individual liable for such items and services, unless such items and services are billed-- ``(1) using the separate unique health identifier established for such department pursuant to section 1173(b)(3) of such Act; and ``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency of Hospital Billing Act''. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS. 1395l(t)(21)(B)) is amended to read as follows: ``(B) Off-campus outpatient department of a provider.--For purposes of paragraph (1)(B)(v) and this paragraph, the term `off-campus outpatient department of a provider' means a department of a provider (as defined in section 413.65(a)(2) of title 42 of the Code of Federal Regulations, as in effect as of the date of the enactment of the Bipartisan Budget Act of 2015) that is not located-- ``(i) on the campus (as defined in such section 413.65(a)(2)) of such provider; or ``(ii) within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section 413.65(a)(2)).''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. (2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. (3) Clarifying secretarial authority to promote site- neutral payments.--Section 1833(t)(2)(F) of the Social Security Act (42 U.S.C. 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. (b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of a Provider.-- (1) In general.--Section 1173(b) of the Social Security Act (42 U.S.C. (2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). (2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A PROVIDER. ``A health care provider may not, with respect to items and services furnished to an individual at an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act), submit a claim for such items and services to a group health plan or health insurance issuer, and may not hold such individual liable for such items and services, unless such items and services are billed-- ``(1) using the separate unique health identifier established for such department pursuant to section 1173(b)(3) of such Act; and ``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. (d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency of Hospital Billing Act''. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS. 1395l(t)(21)(B)) is amended to read as follows: ``(B) Off-campus outpatient department of a provider.--For purposes of paragraph (1)(B)(v) and this paragraph, the term `off-campus outpatient department of a provider' means a department of a provider (as defined in section 413.65(a)(2) of title 42 of the Code of Federal Regulations, as in effect as of the date of the enactment of the Bipartisan Budget Act of 2015) that is not located-- ``(i) on the campus (as defined in such section 413.65(a)(2)) of such provider; or ``(ii) within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section 413.65(a)(2)).''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. (2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. (3) Clarifying secretarial authority to promote site- neutral payments.--Section 1833(t)(2)(F) of the Social Security Act (42 U.S.C. 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. (b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of a Provider.-- (1) In general.--Section 1173(b) of the Social Security Act (42 U.S.C. (2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). (c) Off-Campus Departments of a Provider Billing Requirements.-- (1) Medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y)(ii)(V), by striking the period and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of a hospital with an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)), with respect to items and services furnished at such department of a provider on or after January 1, 2023, to bill under this title (including under part C of this title) for such items and services using the unique health identifier established for such department of a provider pursuant to section 1173(b)(3) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. (2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A PROVIDER. ``A health care provider may not, with respect to items and services furnished to an individual at an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act), submit a claim for such items and services to a group health plan or health insurance issuer, and may not hold such individual liable for such items and services, unless such items and services are billed-- ``(1) using the separate unique health identifier established for such department pursuant to section 1173(b)(3) of such Act; and ``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or a successor transaction or form).''. (d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. This Act may be cited as the ``Transparency of Hospital Billing Act''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. ( 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. ( d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. This Act may be cited as the ``Transparency of Hospital Billing Act''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. ( 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. ( d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. This Act may be cited as the ``Transparency of Hospital Billing Act''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. ( 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. ( d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. This Act may be cited as the ``Transparency of Hospital Billing Act''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 2) Removing site-neutral exception for off-campus emergency departments.--Section 1833(t)(21)(A) of the Social Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by inserting ``before January 1, 2023'' after ``furnished''. ( 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. ( d) NAIC Model Act or Regulation.--The Secretary of Health and Human Services shall request that, not later than 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners establish a model Act or regulation designed to address the issue of hospitals inappropriately billing for items and services furnished at off-campus outpatient departments of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless such department of a provider bills in accordance with the provisions of section 2799B-10 of such Act. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to items and services furnished on or after January 1, 2023. ( 1395l(t)(2)(F)) is amended by adding at the end the following new sentence: ``Such method may include actions determined appropriate by the Secretary to promote site-neutral payment policies to reduce expenditures attributable to items and services furnished under this part, such as actions to prevent hospitals from billing for items and services furnished at an off-campus outpatient department of a provider as if such items and services were furnished at such hospital.''. ( 2) Treatment of certain departments as subparts of a hospital.--Not later than January 1, 2023, the Secretary of Health and Human Services shall revise sections 162.408 and 162.410 of title 45, Code of Federal Regulations, to ensure that each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 2) Other providers.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to address incorrect billing by off-campus hospital locations, and for other purposes. 1320d-2(b)) is amended by adding at the end the following new paragraph: ``(3) Ensuring separate npis for off-campus outpatient departments of a provider.--The standards specified under paragraph (1) shall ensure that, not later than January 1, 2023, each off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B)) is assigned a separate unique health identifier from such provider.''. ( 1395l(t)(21)(B))) is treated as a subpart (as described in such sections) of such provider and assigned a unique health identifier pursuant to section 1173(b)(3) of such Act (as added by paragraph (1)). ( 3) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims submitted for items and services furnished on or after January 1, 2023. ( The Secretary shall request that such model Act or regulation include requirements similar to those found in Colorado House Bill 18-1282.

S.2725

Science, Technology, Communications

Accountability for Online Firearms Marketplaces Act of 2021 This bill removes the federal liability protection that a provider of an interactive computer service (e.g., a social media company) receives for content provided by third parties if the provider operates an online firearms marketplace. Online firearms marketplace refers to an interactive computer service that (1) facilitates firearm-related transactions, (2) advertises or otherwise makes available proposals for transferring firearms, or (3) makes digital instructions for programming a three-dimensional printer to make a firearm.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Online Firearms Marketplaces Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 (47 U.S.C. 230) (commonly known as the ``Communications Decency Act'') (referred to in this section as ``Section 230'') is to provide a specific protection for online platforms acting as Good Samaritans to stop online abuse. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. (2) Section 230 bars actions that hold providers liable as publishers of third-party content, but the statute is irrelevant to claims unrelated to such publications. If a claim does not treat the defendant as a publisher, Section 230 should not apply. (3) However, courts have interpreted Section 230 as providing sweeping immunity for a broad array of providers, including providers alleged to have facilitated violations of criminal laws online. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. (5) Online firearms marketplaces have made it increasingly easy for people who are prohibited from gun ownership to purchase guns online. Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. For more than a decade, online firearms marketplaces have exploited this legal loophole by allowing unlicensed sellers to sell guns directly to people prohibited from gun ownership. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``No provider'' and inserting ``Except as provided in paragraph (3), no provider''; and (B) by adding at the end the following: ``(3) Treatment of publisher or speaker does not apply to online firearms marketplace.--Paragraph (1) shall not apply to an online firearms marketplace, for purposes of any claim in an action brought against the online firearms marketplace in its capacity as an online firearms marketplace.''; and (2) in subsection (f), by adding at the end the following: ``(5) Online firearms marketplace.--The term `online firearms marketplace' means an interactive computer service that-- ``(A) facilitates transactions related to firearms, firearms accessories, firearms equipment, and other firearms-related materials; ``(B) advertises or makes available any posting or listing of any statement by a transferor or by a transferee that could be reasonable inferred to propose the transfer of a firearm; or ``(C) makes digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver, regardless of whether such transactions or other activities violate the terms of service of the interactive computer services. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''. <all>

Accountability for Online Firearms Marketplaces Act of 2021

A bill to amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes.

Accountability for Online Firearms Marketplaces Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill removes the federal liability protection that a provider of an interactive computer service (e.g., a social media company) receives for content provided by third parties if the provider operates an online firearms marketplace. Online firearms marketplace refers to an interactive computer service that (1) facilitates firearm-related transactions, (2) advertises or otherwise makes available proposals for transferring firearms, or (3) makes digital instructions for programming a three-dimensional printer to make a firearm.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. SHORT TITLE. This Act may be cited as the ``Accountability for Online Firearms Marketplaces Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 (47 U.S.C. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. If a claim does not treat the defendant as a publisher, Section 230 should not apply. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. For more than a decade, online firearms marketplaces have exploited this legal loophole by allowing unlicensed sellers to sell guns directly to people prohibited from gun ownership. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE. ''; and (2) in subsection (f), by adding at the end the following: ``(5) Online firearms marketplace.--The term `online firearms marketplace' means an interactive computer service that-- ``(A) facilitates transactions related to firearms, firearms accessories, firearms equipment, and other firearms-related materials; ``(B) advertises or makes available any posting or listing of any statement by a transferor or by a transferee that could be reasonable inferred to propose the transfer of a firearm; or ``(C) makes digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver, regardless of whether such transactions or other activities violate the terms of service of the interactive computer services. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

SHORT TITLE. This Act may be cited as the ``Accountability for Online Firearms Marketplaces Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 (47 U.S.C. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. If a claim does not treat the defendant as a publisher, Section 230 should not apply. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Online Firearms Marketplaces Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 (47 U.S.C. 230) (commonly known as the ``Communications Decency Act'') (referred to in this section as ``Section 230'') is to provide a specific protection for online platforms acting as Good Samaritans to stop online abuse. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. (2) Section 230 bars actions that hold providers liable as publishers of third-party content, but the statute is irrelevant to claims unrelated to such publications. If a claim does not treat the defendant as a publisher, Section 230 should not apply. (3) However, courts have interpreted Section 230 as providing sweeping immunity for a broad array of providers, including providers alleged to have facilitated violations of criminal laws online. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. (5) Online firearms marketplaces have made it increasingly easy for people who are prohibited from gun ownership to purchase guns online. Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. For more than a decade, online firearms marketplaces have exploited this legal loophole by allowing unlicensed sellers to sell guns directly to people prohibited from gun ownership. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``No provider'' and inserting ``Except as provided in paragraph (3), no provider''; and (B) by adding at the end the following: ``(3) Treatment of publisher or speaker does not apply to online firearms marketplace.--Paragraph (1) shall not apply to an online firearms marketplace, for purposes of any claim in an action brought against the online firearms marketplace in its capacity as an online firearms marketplace. ''; and (2) in subsection (f), by adding at the end the following: ``(5) Online firearms marketplace.--The term `online firearms marketplace' means an interactive computer service that-- ``(A) facilitates transactions related to firearms, firearms accessories, firearms equipment, and other firearms-related materials; ``(B) advertises or makes available any posting or listing of any statement by a transferor or by a transferee that could be reasonable inferred to propose the transfer of a firearm; or ``(C) makes digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver, regardless of whether such transactions or other activities violate the terms of service of the interactive computer services. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Online Firearms Marketplaces Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 (47 U.S.C. 230) (commonly known as the ``Communications Decency Act'') (referred to in this section as ``Section 230'') is to provide a specific protection for online platforms acting as Good Samaritans to stop online abuse. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. (2) Section 230 bars actions that hold providers liable as publishers of third-party content, but the statute is irrelevant to claims unrelated to such publications. If a claim does not treat the defendant as a publisher, Section 230 should not apply. (3) However, courts have interpreted Section 230 as providing sweeping immunity for a broad array of providers, including providers alleged to have facilitated violations of criminal laws online. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. (5) Online firearms marketplaces have made it increasingly easy for people who are prohibited from gun ownership to purchase guns online. Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. For more than a decade, online firearms marketplaces have exploited this legal loophole by allowing unlicensed sellers to sell guns directly to people prohibited from gun ownership. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``No provider'' and inserting ``Except as provided in paragraph (3), no provider''; and (B) by adding at the end the following: ``(3) Treatment of publisher or speaker does not apply to online firearms marketplace.--Paragraph (1) shall not apply to an online firearms marketplace, for purposes of any claim in an action brought against the online firearms marketplace in its capacity as an online firearms marketplace.''; and (2) in subsection (f), by adding at the end the following: ``(5) Online firearms marketplace.--The term `online firearms marketplace' means an interactive computer service that-- ``(A) facilitates transactions related to firearms, firearms accessories, firearms equipment, and other firearms-related materials; ``(B) advertises or makes available any posting or listing of any statement by a transferor or by a transferee that could be reasonable inferred to propose the transfer of a firearm; or ``(C) makes digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver, regardless of whether such transactions or other activities violate the terms of service of the interactive computer services. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''. <all>

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. ( Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. 7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. ( Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. 7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. ( Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. 7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. ( Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. 7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. The court's decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. ( Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. 7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. PROTECTION OF VICTIMS OF GUN VIOLENCE. ``(6) Firearm.-- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.''.

S.4932

Commerce

American Music Fairness Act This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Music Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Equitable treatment for terrestrial broadcasts and internet services. Sec. 3. Timing of proceedings under sections 112(e) and 114(f). Sec. 4. Special protection for small broadcasters. Sec. 5. Distribution of certain royalties. Sec. 6. No harmful effects on songwriters. Sec. 7. Value of promotion taken into account. SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. (a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. (c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An `audio transmission' is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work.''. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. SEC. 3. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. SEC. 4. SPECIAL PROTECTION FOR SMALL BROADCASTERS. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(ii) An individual terrestrial broadcast station licensed as such by the Federal Communications Commission is eligible for a royalty rate set forth in clause (i) if-- ``(I) the revenue from the operation of that individual station was less than $1,500,000 during the immediately preceding calendar year; ``(II) the aggregate revenue of the owner and operator of the broadcast station and any person directly or indirectly controlling, controlled by, or under common control with such owner or operator, from any source, was less than $10,000,000 during the immediately preceding calendar year; and ``(III) the owner or operator of the broadcast station provides to the nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f), by no later than January 31 of the relevant calendar year, a written and signed certification of the station's eligibility under this clause and the applicable subclause of clause (i), in accordance with requirements the Copyright Royalty Judges shall prescribe by regulation. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. (b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. <all>

American Music Fairness Act

A bill to amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes.

American Music Fairness Act

Sen. Padilla, Alex

D

CA

This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Distribution of certain royalties. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. 7.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. This term does not include the transmission of any audiovisual work.''. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``American Music Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. This term does not include the transmission of any audiovisual work.''. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An `audio transmission' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. VALUE OF PROMOTION TAKEN INTO ACCOUNT.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Value of promotion taken into account. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. ( a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Value of promotion taken into account. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. ( a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An `audio transmission' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. VALUE OF PROMOTION TAKEN INTO ACCOUNT.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Value of promotion taken into account. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. ( a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An `audio transmission' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. VALUE OF PROMOTION TAKEN INTO ACCOUNT.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Value of promotion taken into account. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. ( a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. ( Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Value of promotion taken into account. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. ( a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' and inserting ``licensed nonsubscription''. ( Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''.

S.3769

Energy

Weatherization Assistance Program Improvements Act of 2022 This bill expands the Department of Energy's Weatherization Assistance Program, including by establishing a Weatherization Readiness Fund. If the dwellings of low-income households have significant defects or hazards that prevent the installation of weatherization (e.g., energy efficiency) measures under the program, then states may use the fund for repairing such defects and hazards.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Weatherization Assistance Program Improvements Act of 2022''. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. 6864) is amended by adding at the end the following: ``(d) Weatherization Readiness Fund.-- ``(1) In general.--The Secretary shall establish a fund, to be known as the `Weatherization Readiness Fund', from which the Secretary shall distribute funds to States receiving financial assistance under this part, in accordance with subsection (a). ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(B) Dwelling unit.--A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. (b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. (2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''. <all>

Weatherization Assistance Program Improvements Act of 2022

A bill to amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes.

Weatherization Assistance Program Improvements Act of 2022

Sen. Reed, Jack

D

RI

This bill expands the Department of Energy's Weatherization Assistance Program, including by establishing a Weatherization Readiness Fund. If the dwellings of low-income households have significant defects or hazards that prevent the installation of weatherization (e.g., energy efficiency) measures under the program, then states may use the fund for repairing such defects and hazards.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Weatherization Assistance Program Improvements Act of 2022''. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(B) Dwelling unit.--A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

SHORT TITLE. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Weatherization Assistance Program Improvements Act of 2022''. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. 6864) is amended by adding at the end the following: ``(d) Weatherization Readiness Fund.-- ``(1) In general.--The Secretary shall establish a fund, to be known as the `Weatherization Readiness Fund', from which the Secretary shall distribute funds to States receiving financial assistance under this part, in accordance with subsection (a). ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(B) Dwelling unit.--A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. (b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. (2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''. <all>

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Weatherization Assistance Program Improvements Act of 2022''. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. 6864) is amended by adding at the end the following: ``(d) Weatherization Readiness Fund.-- ``(1) In general.--The Secretary shall establish a fund, to be known as the `Weatherization Readiness Fund', from which the Secretary shall distribute funds to States receiving financial assistance under this part, in accordance with subsection (a). ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(B) Dwelling unit.--A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. (b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. (2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''. <all>

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. ( b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. ( b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. ( b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. ( b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027.''. ( b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''.

S.4886

Government Operations and Politics

Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act or the Save Voters Act This bill prohibits a state from removing registrants from the official list of eligible voters unless it meets certain verification and notice requirements. Specifically, the bill prohibits a state from removing a registrant from the official list of eligible voters unless it verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in federal elections. Further, a state is prohibited from considering failure to vote in an election or failure to respond to any election mail as evidence of ineligibility to vote. Additionally, the bill requires a state to provide individual registrants who are removed with a notice, which must include the grounds for the removal and information on contesting the removal. Public notice must be provided after conducting any general program to remove the names of ineligible voters.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters Act''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. SEC. 3. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. (a) Conditions Described.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. (b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ``registrants'' the second place it appears and inserting ``and subject to section 8A of such Act, registrants''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

Save Voters Act

A bill to amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes.

Save Voters Act Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act

Sen. Klobuchar, Amy

D

MN

This bill prohibits a state from removing registrants from the official list of eligible voters unless it meets certain verification and notice requirements. Specifically, the bill prohibits a state from removing a registrant from the official list of eligible voters unless it verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in federal elections. Further, a state is prohibited from considering failure to vote in an election or failure to respond to any election mail as evidence of ineligibility to vote. Additionally, the bill requires a state to provide individual registrants who are removed with a notice, which must include the grounds for the removal and information on contesting the removal. Public notice must be provided after conducting any general program to remove the names of ineligible voters.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters Act''. 2. PURPOSE. 3. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

This Act may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters Act''. 2. PURPOSE. 3. is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters Act''. 2. PURPOSE. 3. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters Act''. 2. PURPOSE. The purposes of this Act are-- (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. 3. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 4. STATE REGISTRATION PORTABILITY. (a) In General.--Section 8(e) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows: ``(e) Procedure for Voting Following Failure To Return Card.-- Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)-- ``(1) at the polling place of the registrant's current address; or ``(2) at a central location within the same registrar's jurisdiction.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. The purposes of this Act are-- (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. The purposes of this Act are-- (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. The purposes of this Act are-- (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ( b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual's failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. (

H.R.101

Congress

Citizen Legislature Anti-Corruption Reform of Public Service Act or the CLEAN Public Service Act This bill excludes Members of Congress from further retirement coverage under the Civil Service Retirement System or the Federal Employees Retirement System following the enactment of the bill. It also prohibits further government contributions or deductions from a Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. This exclusion does not affect a Member's eligibility to participate in the Thrift Savings Plan.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform of Public Service Act'' or the ``CLEAN Public Service Act''. SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. (b) Amendments Relating to the Federal Employees Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. <all>

CLEAN Public Service Act

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes.

CLEAN Public Service Act Citizen Legislature Anti-Corruption Reform of Public Service Act

Rep. Fitzpatrick, Brian K.

R

PA

This bill excludes Members of Congress from further retirement coverage under the Civil Service Retirement System or the Federal Employees Retirement System following the enactment of the bill. It also prohibits further government contributions or deductions from a Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. This exclusion does not affect a Member's eligibility to participate in the Thrift Savings Plan.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform of Public Service Act'' or the ``CLEAN Public Service Act''. SEC. 2. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. (b) Amendments Relating to the Federal Employees Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. Termination of further retirement coverage of Members of Congress.''.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform of Public Service Act'' or the ``CLEAN Public Service Act''. SEC. 2. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. 8425a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). Termination of further retirement coverage of Members of Congress.''.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform of Public Service Act'' or the ``CLEAN Public Service Act''. SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. (b) Amendments Relating to the Federal Employees Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform of Public Service Act'' or the ``CLEAN Public Service Act''. SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. (b) Amendments Relating to the Federal Employees Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. <all>

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. 2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. 2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. 2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. 2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.

To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. 2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

H.R.7903

Armed Forces and National Security

This act designates the community-based outpatient clinic of the Department of Veterans Affairs in Canton, Michigan, as the Major General Oliver W. Dillard VA Clinic.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2326]] Public Law 117-237 117th Congress An Act To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the ``Major General Oliver W. Dillard VA Clinic''. <<NOTE: Dec. 20, 2022 - [H.R. 7903]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Oliver W. Dillard was born on September 28, 1926, in Margaret, Alabama. (2) In 1945, following basic training he was drafted and was assigned to the 349th Field Artillery Group in Germany as part of the World War II army of occupation. He was selected to serve as company clerk and began to work his way through the ranks, attaining Technical Sergeant. (3) Dillard successfully completed the Officer Candidate School (OCS) selection process and was approved for attendance at the Infantry OCS at Fort Benning in January 1947. He received a commission as a Second Lieutenant of Infantry after graduating from Infantry OCS in July 1947 and was the honor graduate of his Infantry officers basic course. (4) He served in command and intelligence positions in Korea, Germany, and Vietnam. (5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. (6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. He graduated at the top of his class. (7) MG Dillard's military awards include the Distinguished Service Medal with one Oak Leaf Cluster, the Silver Star, the Legion of Merit with two Oak Leaf Clusters, the Bronze Star with one Oak Leaf Cluster and ``V'' Device, the Purple Heart, the Air Medal, the Combat Infantryman's Badge with Star (two awards), the Army Staff Identification Badge, and the Vietnam Distinguished Service Order (1st and 2d Class). Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[Page 136 STAT. 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. (9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery. SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY- BASED OUTPATIENT CLINIC LOCATED IN CANTON, MICHIGAN. (a) Designation.--The Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, shall after the date of the enactment of this Act be known and designated as the ``Major General Oliver W. Dillard VA Clinic''. (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 ``Major General Oliver W. Dillard VA Clinic''. Approved December 20, 2022. LEGISLATIVE HISTORY--H.R. 7903: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Nov. 14, considered and passed House. Dec. 6, considered and passed Senate. <all>

To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the "Major General Oliver W. Dillard VA Clinic".

To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the "Major General Oliver W. Dillard VA Clinic". To designate the Department of Veterans Affairs community-based outpatient clinic in Canton, Michigan, as the "Major General Oliver W. Dillard VA Outpatient Clinic".

Official Titles - House of Representatives Official Titles as Amended by House To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the "Major General Oliver W. Dillard VA Clinic". Official Title as Introduced To designate the Department of Veterans Affairs community-based outpatient clinic in Canton, Michigan, as the "Major General Oliver W. Dillard VA Outpatient Clinic".

Rep. Stevens, Haley M.

D

MI

This act designates the community-based outpatient clinic of the Department of Veterans Affairs in Canton, Michigan, as the Major General Oliver W. Dillard VA Clinic.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Dec. 20, 2022 - [H.R. 7903]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Oliver W. Dillard was born on September 28, 1926, in Margaret, Alabama. (2) In 1945, following basic training he was drafted and was assigned to the 349th Field Artillery Group in Germany as part of the World War II army of occupation. He was selected to serve as company clerk and began to work his way through the ranks, attaining Technical Sergeant. (3) Dillard successfully completed the Officer Candidate School (OCS) selection process and was approved for attendance at the Infantry OCS at Fort Benning in January 1947. He received a commission as a Second Lieutenant of Infantry after graduating from Infantry OCS in July 1947 and was the honor graduate of his Infantry officers basic course. (4) He served in command and intelligence positions in Korea, Germany, and Vietnam. (5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. (6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. He graduated at the top of his class. (7) MG Dillard's military awards include the Distinguished Service Medal with one Oak Leaf Cluster, the Silver Star, the Legion of Merit with two Oak Leaf Clusters, the Bronze Star with one Oak Leaf Cluster and ``V'' Device, the Purple Heart, the Air Medal, the Combat Infantryman's Badge with Star (two awards), the Army Staff Identification Badge, and the Vietnam Distinguished Service Order (1st and 2d Class). Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[Page 136 STAT. 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. (9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery. SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY- BASED OUTPATIENT CLINIC LOCATED IN CANTON, MICHIGAN. (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 ``Major General Oliver W. Dillard VA Clinic''. Approved December 20, 2022. LEGISLATIVE HISTORY--H.R. 7903: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Nov. 14, considered and passed House. Dec. 6, considered and passed Senate.

<<NOTE: Dec. 20, 2022 - [H.R. 7903]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. (2) In 1945, following basic training he was drafted and was assigned to the 349th Field Artillery Group in Germany as part of the World War II army of occupation. He was selected to serve as company clerk and began to work his way through the ranks, attaining Technical Sergeant. He received a commission as a Second Lieutenant of Infantry after graduating from Infantry OCS in July 1947 and was the honor graduate of his Infantry officers basic course. (5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. (7) MG Dillard's military awards include the Distinguished Service Medal with one Oak Leaf Cluster, the Silver Star, the Legion of Merit with two Oak Leaf Clusters, the Bronze Star with one Oak Leaf Cluster and ``V'' Device, the Purple Heart, the Air Medal, the Combat Infantryman's Badge with Star (two awards), the Army Staff Identification Badge, and the Vietnam Distinguished Service Order (1st and 2d Class). Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[Page 136 STAT. 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. (9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery. SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY- BASED OUTPATIENT CLINIC LOCATED IN CANTON, MICHIGAN. (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 ``Major General Oliver W. Dillard VA Clinic''. Dec. 6, considered and passed Senate.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2326]] Public Law 117-237 117th Congress An Act To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the ``Major General Oliver W. Dillard VA Clinic''. <<NOTE: Dec. 20, 2022 - [H.R. 7903]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Oliver W. Dillard was born on September 28, 1926, in Margaret, Alabama. (2) In 1945, following basic training he was drafted and was assigned to the 349th Field Artillery Group in Germany as part of the World War II army of occupation. He was selected to serve as company clerk and began to work his way through the ranks, attaining Technical Sergeant. (3) Dillard successfully completed the Officer Candidate School (OCS) selection process and was approved for attendance at the Infantry OCS at Fort Benning in January 1947. He received a commission as a Second Lieutenant of Infantry after graduating from Infantry OCS in July 1947 and was the honor graduate of his Infantry officers basic course. (4) He served in command and intelligence positions in Korea, Germany, and Vietnam. (5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. (6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. He graduated at the top of his class. (7) MG Dillard's military awards include the Distinguished Service Medal with one Oak Leaf Cluster, the Silver Star, the Legion of Merit with two Oak Leaf Clusters, the Bronze Star with one Oak Leaf Cluster and ``V'' Device, the Purple Heart, the Air Medal, the Combat Infantryman's Badge with Star (two awards), the Army Staff Identification Badge, and the Vietnam Distinguished Service Order (1st and 2d Class). Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[Page 136 STAT. 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. (9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery. SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY- BASED OUTPATIENT CLINIC LOCATED IN CANTON, MICHIGAN. (a) Designation.--The Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, shall after the date of the enactment of this Act be known and designated as the ``Major General Oliver W. Dillard VA Clinic''. (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 ``Major General Oliver W. Dillard VA Clinic''. Approved December 20, 2022. LEGISLATIVE HISTORY--H.R. 7903: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Nov. 14, considered and passed House. Dec. 6, considered and passed Senate. <all>

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2326]] Public Law 117-237 117th Congress An Act To designate the Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, as the ``Major General Oliver W. Dillard VA Clinic''. <<NOTE: Dec. 20, 2022 - [H.R. 7903]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Oliver W. Dillard was born on September 28, 1926, in Margaret, Alabama. (2) In 1945, following basic training he was drafted and was assigned to the 349th Field Artillery Group in Germany as part of the World War II army of occupation. He was selected to serve as company clerk and began to work his way through the ranks, attaining Technical Sergeant. (3) Dillard successfully completed the Officer Candidate School (OCS) selection process and was approved for attendance at the Infantry OCS at Fort Benning in January 1947. He received a commission as a Second Lieutenant of Infantry after graduating from Infantry OCS in July 1947 and was the honor graduate of his Infantry officers basic course. (4) He served in command and intelligence positions in Korea, Germany, and Vietnam. (5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. (6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. He graduated at the top of his class. (7) MG Dillard's military awards include the Distinguished Service Medal with one Oak Leaf Cluster, the Silver Star, the Legion of Merit with two Oak Leaf Clusters, the Bronze Star with one Oak Leaf Cluster and ``V'' Device, the Purple Heart, the Air Medal, the Combat Infantryman's Badge with Star (two awards), the Army Staff Identification Badge, and the Vietnam Distinguished Service Order (1st and 2d Class). Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[Page 136 STAT. 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. (9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery. SEC. 2. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY- BASED OUTPATIENT CLINIC LOCATED IN CANTON, MICHIGAN. (a) Designation.--The Department of Veterans Affairs community-based outpatient clinic located in Canton, Michigan, shall after the date of the enactment of this Act be known and designated as the ``Major General Oliver W. Dillard VA Clinic''. (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 ``Major General Oliver W. Dillard VA Clinic''. Approved December 20, 2022. LEGISLATIVE HISTORY--H.R. 7903: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Nov. 14, considered and passed House. Dec. 6, considered and passed Senate. <all>

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. ( 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. ( (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 ``Major General Oliver W. Dillard VA Clinic''. 168 (2022): Nov. 14, considered and passed House.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. 6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[ 9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. 6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[ 9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. ( 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. ( (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 ``Major General Oliver W. Dillard VA Clinic''. 168 (2022): Nov. 14, considered and passed House.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. 6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[ 9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. ( 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. ( (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 ``Major General Oliver W. Dillard VA Clinic''. 168 (2022): Nov. 14, considered and passed House.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. 6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[ 9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. ( 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. ( (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 ``Major General Oliver W. Dillard VA Clinic''. 168 (2022): Nov. 14, considered and passed House.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. 6) In 1965, Mr. Dillard graduated from the National War College, becoming the first Black officer to do so. Dillard also received two civilian awards from the Republic of Vietnam, the Vietnam Rural Revolutionary Development Medal and the Vietnam Ethnic Development Service Medal (1st Class). [[ 9) He died in Canton, Michigan, in 2015, and is buried in Arlington National Cemetery.

[117th Congress Public Law 237] [From the U.S. Government Publishing Office] [[Page 136 STAT. 5) During his service, Dillard graduated from the Army Command and General Staff College (CGSC) in 1958, where he was one of only three Black officers in his class. After CGSC, he completed his bachelor's degree at the University of Omaha leveraging his earlier studies at Tuskegee Institute. ( 2327]] (8) Dillard was inducted into the United States Army's Military Intelligence Hall of Fame in 2012, the Officer Candidate School Hall of Fame in 2012, and the Alabama Military Hall of Honor in 2013. ( (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 ``Major General Oliver W. Dillard VA Clinic''. 168 (2022): Nov. 14, considered and passed House.

H.R.2082

Armed Forces and National Security

VA Supply Chain Resiliency Act This bill addresses the Department of Veterans Affairs (VA) supply chain processes, particularly during emergency periods. The bill requires the VA to submit a report containing a description of the items and quantities of items that are critical with respect to the VA's ongoing response to the COVID-19 (i.e., coronavirus disease 2019) pandemic and future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. The VA and the Department of Defense (DOD) must enter into an agreement to provide for the participation of the VA in the Warstopper Program of the Defense Logistics Agency (DLA) of DOD. The Warstopper Program was established to satisfy requirements for sudden and sustained increases in production of critical industrial and medical items. Under such an agreement, the DLA must Finally, the VA must ensure it does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Supply Chain Resiliency Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY. (a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. (2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. (3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epidemic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. Pursuant to such agreement, the Defense Logistics Agency shall-- (1) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Veterans Affairs and the Secretary of Defense determine are appropriate for the Warstopper Program; (2) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (3) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. Such report shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (2) Updates to report.--The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under paragraph (1) and submit such updates to the Committees on Veterans' Affairs of the Senate and House of Representatives. (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations. <all>

VA Supply Chain Resiliency Act

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes.

VA Supply Chain Resiliency Act

Rep. Bost, Mike

R

IL

This bill addresses the Department of Veterans Affairs (VA) supply chain processes, particularly during emergency periods. The bill requires the VA to submit a report containing a description of the items and quantities of items that are critical with respect to the VA's ongoing response to the COVID-19 (i.e., coronavirus disease 2019) pandemic and future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. The VA and the Department of Defense (DOD) must enter into an agreement to provide for the participation of the VA in the Warstopper Program of the Defense Logistics Agency (DLA) of DOD. The Warstopper Program was established to satisfy requirements for sudden and sustained increases in production of critical industrial and medical items. Under such an agreement, the DLA must Finally, the VA must ensure it does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Supply Chain Resiliency Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. Pursuant to such agreement, the Defense Logistics Agency shall-- (1) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Veterans Affairs and the Secretary of Defense determine are appropriate for the Warstopper Program; (2) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (3) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. Such report shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (2) Updates to report.--The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under paragraph (1) and submit such updates to the Committees on Veterans' Affairs of the Senate and House of Representatives. (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Supply Chain Resiliency Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. Such report shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (2) Updates to report.--The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under paragraph (1) and submit such updates to the Committees on Veterans' Affairs of the Senate and House of Representatives. (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Supply Chain Resiliency Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY. (a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. (2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. (3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epidemic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. Pursuant to such agreement, the Defense Logistics Agency shall-- (1) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Veterans Affairs and the Secretary of Defense determine are appropriate for the Warstopper Program; (2) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (3) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. Such report shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (2) Updates to report.--The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under paragraph (1) and submit such updates to the Committees on Veterans' Affairs of the Senate and House of Representatives. (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations. <all>

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Supply Chain Resiliency Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY. (a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. (2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. (3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epidemic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. Pursuant to such agreement, the Defense Logistics Agency shall-- (1) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Veterans Affairs and the Secretary of Defense determine are appropriate for the Warstopper Program; (2) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (3) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. Such report shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (2) Updates to report.--The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under paragraph (1) and submit such updates to the Committees on Veterans' Affairs of the Senate and House of Representatives. (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations. <all>

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. ( (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). ( b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. ( c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. ( c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. ( (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). ( b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. ( c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. ( (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). ( b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. ( c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. ( (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). ( b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. a) Report on Critical Items and Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to-- (A) the ongoing response to the Coronavirus 2019 (COVID-19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. ( c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. ( (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). ( b) Participation in Warstopper Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ``Warstopper Program'' of the Defense Logistics Agency, or any successor program. (c) Report on Implementation.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)-- (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). ( (d) Prohibition on Exclusive Reliance on Regional Inventories.--The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.

H.R.3343

Immigration

Protecting America From Spies Act This bill expands the grounds for barring aliens who have engaged in acts relating to espionage or sabotage from entering the United States. Specifically, any alien shall be inadmissible if the alien has engaged in or will engage in an act that (1) violates a U.S. law relating to espionage or sabotage; (2) would violate any U.S. law relating to espionage or sabotage if it occurred in the United States; or (3) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Currently, an alien shall be inadmissible if the alien seeks to enter the United States to engage in such an action. Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred alien if the act occurred in the last five years. The bill also modifies the authority of the Department of Justice to waive certain security-related grounds of inadmissibility for an alien applying for a nonimmigrant visa.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''. <all>

Protecting America From Spies Act

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes.

Protecting America From Spies Act

Rep. Hartzler, Vicky

R

MO

This bill expands the grounds for barring aliens who have engaged in acts relating to espionage or sabotage from entering the United States. Specifically, any alien shall be inadmissible if the alien has engaged in or will engage in an act that (1) violates a U.S. law relating to espionage or sabotage; (2) would violate any U.S. law relating to espionage or sabotage if it occurred in the United States; or (3) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Currently, an alien shall be inadmissible if the alien seeks to enter the United States to engage in such an action. Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred alien if the act occurred in the last five years. The bill also modifies the authority of the Department of Justice to waive certain security-related grounds of inadmissibility for an alien applying for a nonimmigrant visa.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''. <all>

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''. <all>

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''. <all>

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''.

H.R.8095

Education

Federal Grant Accountability Act This bill limits the indirect costs that are allowable under federal research awards to institutions of higher education (IHEs). Specifically, the total amount of indirect costs allowable under a federal research award may not exceed the total amount of indirect costs allowable under private research awards. The Office of Management and Budget must determine the average indirect cost rate applicable to private research awards. Additionally, the Government Accountability Office must study and report on (1) the indirect cost rates allowable under federal research awards to IHEs, including awards made by the National Institutes of Health, the National Science Foundation, and other such organizations; and (2) the indirect cost rates allowable under private research awards to IHEs.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Grant Accountability Act''. SEC. 2. LIMITATIONS ON INDIRECT COSTS ALLOWABLE UNDER FEDERAL RESEARCH AWARDS. (a) Limit on Indirect Costs.--The total amount of indirect costs allowable under a Federal research award to an institution of higher education may not exceed the total amount of indirect costs allowable under private research awards, as calculated using the average indirect cost rate applicable to such awards. (b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). SEC. 3. COMPTROLLER GENERAL STUDY ON INDIRECT COSTS UNDER FEDERAL AND PRIVATE RESEARCH AWARDS. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the indirect cost rates allowable under Federal research awards to institutions of higher education, including awards made by the National Institutes of Health, the National Science Foundation, and other such organizations; and (2) the indirect cost rates allowable under private research awards to institutions of higher education. (b) Elements.--The study under subsection (a) shall include an assessment of-- (1) the average indirect cost rates allowable under Federal and private research awards, respectively; (2) the research fields that receive the highest levels of funding from Federal and private research awards, respectively; (3) the average amount indirect costs allowable under Federal and private research awards that are used to fund administrative staff, including administrative staff with responsibilities relating to diversity, equity, and inclusion; and (4) the measures implemented by organizations that make Federal research awards, including the National Institutes of Health and the National Science Foundation, to ensure such organizations are implementing indirect cost rate-setting guidance in a consistent manner. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. SEC. 4. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. (3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education. <all>

Federal Grant Accountability Act

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes.

Federal Grant Accountability Act

Rep. Cline, Ben

R

VA

This bill limits the indirect costs that are allowable under federal research awards to institutions of higher education (IHEs). Specifically, the total amount of indirect costs allowable under a federal research award may not exceed the total amount of indirect costs allowable under private research awards. The Office of Management and Budget must determine the average indirect cost rate applicable to private research awards. Additionally, the Government Accountability Office must study and report on (1) the indirect cost rates allowable under federal research awards to IHEs, including awards made by the National Institutes of Health, the National Science Foundation, and other such organizations; and (2) the indirect cost rates allowable under private research awards to IHEs.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Grant Accountability Act''. 2. LIMITATIONS ON INDIRECT COSTS ALLOWABLE UNDER FEDERAL RESEARCH AWARDS. (a) Limit on Indirect Costs.--The total amount of indirect costs allowable under a Federal research award to an institution of higher education may not exceed the total amount of indirect costs allowable under private research awards, as calculated using the average indirect cost rate applicable to such awards. (b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). 3. COMPTROLLER GENERAL STUDY ON INDIRECT COSTS UNDER FEDERAL AND PRIVATE RESEARCH AWARDS. (b) Elements.--The study under subsection (a) shall include an assessment of-- (1) the average indirect cost rates allowable under Federal and private research awards, respectively; (2) the research fields that receive the highest levels of funding from Federal and private research awards, respectively; (3) the average amount indirect costs allowable under Federal and private research awards that are used to fund administrative staff, including administrative staff with responsibilities relating to diversity, equity, and inclusion; and (4) the measures implemented by organizations that make Federal research awards, including the National Institutes of Health and the National Science Foundation, to ensure such organizations are implementing indirect cost rate-setting guidance in a consistent manner. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. SEC. 4. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. (3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Grant Accountability Act''. 2. LIMITATIONS ON INDIRECT COSTS ALLOWABLE UNDER FEDERAL RESEARCH AWARDS. (b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). 3. COMPTROLLER GENERAL STUDY ON INDIRECT COSTS UNDER FEDERAL AND PRIVATE RESEARCH AWARDS. (b) Elements.--The study under subsection (a) shall include an assessment of-- (1) the average indirect cost rates allowable under Federal and private research awards, respectively; (2) the research fields that receive the highest levels of funding from Federal and private research awards, respectively; (3) the average amount indirect costs allowable under Federal and private research awards that are used to fund administrative staff, including administrative staff with responsibilities relating to diversity, equity, and inclusion; and (4) the measures implemented by organizations that make Federal research awards, including the National Institutes of Health and the National Science Foundation, to ensure such organizations are implementing indirect cost rate-setting guidance in a consistent manner. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. SEC. 4. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Grant Accountability Act''. SEC. 2. LIMITATIONS ON INDIRECT COSTS ALLOWABLE UNDER FEDERAL RESEARCH AWARDS. (a) Limit on Indirect Costs.--The total amount of indirect costs allowable under a Federal research award to an institution of higher education may not exceed the total amount of indirect costs allowable under private research awards, as calculated using the average indirect cost rate applicable to such awards. (b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). SEC. 3. COMPTROLLER GENERAL STUDY ON INDIRECT COSTS UNDER FEDERAL AND PRIVATE RESEARCH AWARDS. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the indirect cost rates allowable under Federal research awards to institutions of higher education, including awards made by the National Institutes of Health, the National Science Foundation, and other such organizations; and (2) the indirect cost rates allowable under private research awards to institutions of higher education. (b) Elements.--The study under subsection (a) shall include an assessment of-- (1) the average indirect cost rates allowable under Federal and private research awards, respectively; (2) the research fields that receive the highest levels of funding from Federal and private research awards, respectively; (3) the average amount indirect costs allowable under Federal and private research awards that are used to fund administrative staff, including administrative staff with responsibilities relating to diversity, equity, and inclusion; and (4) the measures implemented by organizations that make Federal research awards, including the National Institutes of Health and the National Science Foundation, to ensure such organizations are implementing indirect cost rate-setting guidance in a consistent manner. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. SEC. 4. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. (3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education. <all>

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Grant Accountability Act''. SEC. 2. LIMITATIONS ON INDIRECT COSTS ALLOWABLE UNDER FEDERAL RESEARCH AWARDS. (a) Limit on Indirect Costs.--The total amount of indirect costs allowable under a Federal research award to an institution of higher education may not exceed the total amount of indirect costs allowable under private research awards, as calculated using the average indirect cost rate applicable to such awards. (b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). SEC. 3. COMPTROLLER GENERAL STUDY ON INDIRECT COSTS UNDER FEDERAL AND PRIVATE RESEARCH AWARDS. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the indirect cost rates allowable under Federal research awards to institutions of higher education, including awards made by the National Institutes of Health, the National Science Foundation, and other such organizations; and (2) the indirect cost rates allowable under private research awards to institutions of higher education. (b) Elements.--The study under subsection (a) shall include an assessment of-- (1) the average indirect cost rates allowable under Federal and private research awards, respectively; (2) the research fields that receive the highest levels of funding from Federal and private research awards, respectively; (3) the average amount indirect costs allowable under Federal and private research awards that are used to fund administrative staff, including administrative staff with responsibilities relating to diversity, equity, and inclusion; and (4) the measures implemented by organizations that make Federal research awards, including the National Institutes of Health and the National Science Foundation, to ensure such organizations are implementing indirect cost rate-setting guidance in a consistent manner. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. SEC. 4. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. (3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education. <all>

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. ( 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. ( 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. ( 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. ( 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

To impose limitations on the amount of indirect costs allowable under Federal research awards to institutions of higher education, and for other purposes. b) Private Research Award Rate.--The Director of the Office of Management and Budget shall determine, not less frequently than annually, the average indirect cost rate applicable to private research awards for purposes of subsection (a). c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate to improve the system for determining indirect cost rates and tracking reimbursements for indirect costs under Federal research awards. (2) Federal research award.--The term ``Federal research award'' means support provided to an individual or entity by a department or agency of the Federal Government to carry out research activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. ( 3) Private research award.--The term ``private research award'' means an award made by a private sector organization to support research activities at an institution of higher education.

S.3415

Civil Rights and Liberties, Minority Issues

Constitutional Accountability Act This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) for violations of constitutional rights (also known as Section 1983 lawsuits); the Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations). However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees. The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Accountability Act''. SEC. 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.''. SEC. 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.''. <all>

Constitutional Accountability Act

A bill to ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers.

Constitutional Accountability Act

Sen. Whitehouse, Sheldon

D

RI

This bill extends civil liability to federal, state, and local government entities and officials for constitutional violations committed by law enforcement officers. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement) for violations of constitutional rights (also known as Section 1983 lawsuits); the Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations). However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability except when their actions violate clearly established rights of which a reasonable person would have known. Additionally, under the doctrine of sovereign immunity, federal and state government entities generally cannot be sued without their consent. Further, the Supreme Court has held that a local government entity cannot be sued for an injury inflicted by its employees. The bill provides a statutory civil cause of action against and extends liability to federal, state, and local government entities and officials for violations of constitutional rights committed by law enforcement officers in their employment, regardless of any immunity that would otherwise apply.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. SHORT TITLE. This Act may be cited as the ``Constitutional Accountability Act''. FINDINGS. (2) Congress drafted the 14th Amendment to broadly protect fundamental rights and guarantee equality to all persons. 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. 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. (11) Police officers are regularly called upon to make split-second, life-or-death decisions. Departments generally require significantly more training on how to deploy force than when it is appropriate to do so. (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. SEC. 3. 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. 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. ``(e) For purposes of an action under subsection (c), the United States waives its sovereign immunity.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. This Act may be cited as the ``Constitutional Accountability Act''. (2) Congress drafted the 14th Amendment to broadly protect fundamental rights and guarantee equality to all persons. 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. (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. 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. Departments generally require significantly more training on how to deploy force than when it is appropriate to do so. 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. SEC. 3. 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. 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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Accountability Act''. 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. 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. (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. (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. SEC. 3. 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. 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. ``(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.''.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Accountability Act''. 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. 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. 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.''. SEC. 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. ``(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. ``(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.''.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. The suits can incentivize actors to take the steps necessary to avoid wrongdoing in the first place. ( 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. (10) There is no statutory cause of action for constitutional violations by Federal officials. 11) Police officers are regularly called upon to make split-second, life-or-death decisions. (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.''. 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. ``(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. ``(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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. 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. 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. 12) There are over 18,000 police departments in the United States and no uniform standard on how officers should be trained. (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.''. ( 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. 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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. 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. 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. 12) There are over 18,000 police departments in the United States and no uniform standard on how officers should be trained. (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.''. ( 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. 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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. The suits can incentivize actors to take the steps necessary to avoid wrongdoing in the first place. ( 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. (10) There is no statutory cause of action for constitutional violations by Federal officials. 11) Police officers are regularly called upon to make split-second, life-or-death decisions. (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.''. 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. ``(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. ``(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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. 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. 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. 12) There are over 18,000 police departments in the United States and no uniform standard on how officers should be trained. (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.''. ( 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. 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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. The suits can incentivize actors to take the steps necessary to avoid wrongdoing in the first place. ( 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. (10) There is no statutory cause of action for constitutional violations by Federal officials. 11) Police officers are regularly called upon to make split-second, life-or-death decisions. (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.''. 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. ``(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. ``(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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. 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. 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. 12) There are over 18,000 police departments in the United States and no uniform standard on how officers should be trained. (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.''. ( 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. 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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. The suits can incentivize actors to take the steps necessary to avoid wrongdoing in the first place. ( 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. (10) There is no statutory cause of action for constitutional violations by Federal officials. 11) Police officers are regularly called upon to make split-second, life-or-death decisions. (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.''. 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. ``(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. ``(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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. ``(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.

To ensure that the United States, States, and local governments are liable for monetary damages for constitutional violations by law enforcement officers. 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. 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. ``(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.

S.2862

Government Operations and Politics

National Treasures Act of 2021 This bill prohibits the National Archives and Records Administration from including content warnings alongside items associated with the founding fathers of the United States. Content warning is defined as any message preceding or attached to the document labeling it as dangerous, harmful, anachronistic, or any other terms implying harm associated with the documents; disparaging the documents; assuming malicious intent on the part of the authors; or discouraging potential readers from reading the documents. Founding father means any individual who signed the Declaration of Independence, served as an officer in the Revolutionary War, attended the Second Continental Congress, attended the Constitutional Convention, or was granted a charter for one of the original 13 colonies of the United States.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treasures Act of 2021''. SEC. 2. PROHIBITING NATIONAL ARCHIVES AND RECORDS ADMINISTRATION CONTENT WARNINGS. (a) In General.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``SEC. 2121. PROHIBITING CONTENT WARNINGS ON FOUNDING FATHERS DOCUMENTS. ``(a) Definitions.--In this section: ``(1) Content warning.--The term `content warning' includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. ``(b) Prohibition.--The Archivist shall not-- ``(1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; ``(2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; ``(3) display a content warning on the website of the Administration or on any other website operated by the Administration; or ``(4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''. <all>

National Treasures Act of 2021

A bill to prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes.

National Treasures Act of 2021

Sen. Marshall, Roger

R

KS

This bill prohibits the National Archives and Records Administration from including content warnings alongside items associated with the founding fathers of the United States. Content warning is defined as any message preceding or attached to the document labeling it as dangerous, harmful, anachronistic, or any other terms implying harm associated with the documents; disparaging the documents; assuming malicious intent on the part of the authors; or discouraging potential readers from reading the documents. Founding father means any individual who signed the Declaration of Independence, served as an officer in the Revolutionary War, attended the Second Continental Congress, attended the Constitutional Convention, or was granted a charter for one of the original 13 colonies of the United States.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treasures Act of 2021''. SEC. 2. PROHIBITING NATIONAL ARCHIVES AND RECORDS ADMINISTRATION CONTENT WARNINGS. (a) In General.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``SEC. 2121. PROHIBITING CONTENT WARNINGS ON FOUNDING FATHERS DOCUMENTS. ``(a) Definitions.--In this section: ``(1) Content warning.--The term `content warning' includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. ``(b) Prohibition.--The Archivist shall not-- ``(1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; ``(2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; ``(3) display a content warning on the website of the Administration or on any other website operated by the Administration; or ``(4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''. <all>

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treasures Act of 2021''. 2. PROHIBITING NATIONAL ARCHIVES AND RECORDS ADMINISTRATION CONTENT WARNINGS. (a) In General.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``SEC. 2121. PROHIBITING CONTENT WARNINGS ON FOUNDING FATHERS DOCUMENTS. ``(a) Definitions.--In this section: ``(1) Content warning.--The term `content warning' includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. ``(b) Prohibition.--The Archivist shall not-- ``(1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; ``(2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; ``(3) display a content warning on the website of the Administration or on any other website operated by the Administration; or ``(4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treasures Act of 2021''. SEC. 2. PROHIBITING NATIONAL ARCHIVES AND RECORDS ADMINISTRATION CONTENT WARNINGS. (a) In General.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``SEC. 2121. PROHIBITING CONTENT WARNINGS ON FOUNDING FATHERS DOCUMENTS. ``(a) Definitions.--In this section: ``(1) Content warning.--The term `content warning' includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. ``(b) Prohibition.--The Archivist shall not-- ``(1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; ``(2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; ``(3) display a content warning on the website of the Administration or on any other website operated by the Administration; or ``(4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''. <all>

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treasures Act of 2021''. SEC. 2. PROHIBITING NATIONAL ARCHIVES AND RECORDS ADMINISTRATION CONTENT WARNINGS. (a) In General.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``SEC. 2121. PROHIBITING CONTENT WARNINGS ON FOUNDING FATHERS DOCUMENTS. ``(a) Definitions.--In this section: ``(1) Content warning.--The term `content warning' includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. ``(b) Prohibition.--The Archivist shall not-- ``(1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; ``(2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; ``(3) display a content warning on the website of the Administration or on any other website operated by the Administration; or ``(4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''. <all>

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221. Prohibiting content warnings on founding fathers documents.''.

To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes. ``(2) Founding father of the united states.--The term `Founding Father' means any individual who-- ``(A) signed the Declaration of Independence; ``(B) served as an officer in the Revolutionary War; ``(C) attended the Second Continental Congress; ``(D) attended the Constitutional Convention; or ``(E) was granted a charter for one of the original 13 colonies of the United States. ``(3) Qualifying document.--The term `qualifying document' means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2221.

H.R.4211

Health

Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021 or the EMPOWER NIH Act of 2021 This bill requires annual, unannounced, in-person inspections of all nonfederal entities that receive funding, including through subawards, from the National Institutes of Health (NIH) to assess whether the funded research is consistent with the research proposal and otherwise meets record-keeping requirements and NIH standards. The inspections are required even when an entity is located in a foreign country with a government that interferes with the inspection; entities that fail an inspection must return the full amount of NIH funding and lose eligibility for future NIH funding for at least five years. The bill is effective on October 1, 2023, and applies to NIH funding awarded both before and after that date.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021'' or the ``EMPOWER NIH Act of 2021''. SEC. 2. ONSITE INSPECTIONS REQUIRED OF NIH AWARD RECIPIENTS. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(2) Special rule.--This section applies even where an entity described in paragraph (1) is located or operates at-- ``(A) a site that is in a foreign country whose government-- ``(i) prevents inspectors from reaching the site; ``(ii) impedes or impairs inspection; or ``(B) a site that restricts or delays the entry of the inspectors for any reason. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(c) Inspection Requirements.--The Director of NIH shall conduct an annual inspection of each entity receiving financial assistance described in subsection (a) in accordance with the following: ``(1) The inspection shall be unannounced. ``(2) The timing of the inspection shall vary each year. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(5) The inspection shall include-- ``(A) the facility at the research site; ``(B) the materials used to conduct the research; ``(C) any electronic or hard-copy materials relevant to the research; and ``(D) photographic and video evidence of the inspection. ``(6) Each team of inspectors shall consist of at least three individuals, each of whom shall have no affiliation with any of the entities receiving the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(d) Penalties.-- ``(1) In general.--If an entity fails an inspection under this section-- ``(A) the entities receiving the financial assistance involved shall, collectively, return the full amount of such assistance to the Treasury; and ``(B) each entity receiving the financial assistance involved, including each entity that receives the assistance directly from the National Institutes of Health and each entity that receives the assistance indirectly, shall be ineligible to receive financial assistance from the National Institutes of Health for a period of-- ``(i) not less than 5 years; and ``(ii) in the case of an entity that is determined by the Director of NIH to have failed the inspection for a violation described in paragraph (2), not less than 15 years. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(3) Relation to other penalties.--The penalties specified in this subsection are in addition to any other penalties applicable to an act or omission causing an entity to fail an inspection under this section. ``(e) Annual Report to Congress.-- ``(1) In general.--Not later than October 1, 2024, and annually thereafter, The Director of NIH shall submit an annual report on the implementation of this section to the following congressional committees: ``(A) The Committee on Homeland Security and Governmental Affairs of the Senate. ``(B) The Committee on Finance of the Senate. ``(C) The Select Committee on Intelligence of the Senate. ``(D) The Committee on Oversight and Reform of the House of Representatives. ``(E) The Committee on Energy and Commerce of the House of Representatives. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(2) Contents.--Each report under paragraph (1) shall, with respect to the period covered by the report, include-- ``(A) the full text of each proposal receiving financial assistance from the National Institutes of Health; ``(B) data regarding whether research conducted using financial assistance from the National Institutes of Health is consistent with the substance of the corresponding proposal; ``(C) data regarding whether each site at which research is conducted using financial assistance from the National Institutes of Health, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; ``(D) data regarding whether each entity receiving financial assistance from the National Institutes of Health keeps detailed and updated records of the research conducted; ``(E) a final assessment of whether each entity receiving financial assistance from the National Institutes of Health remains eligible to continue receiving such assistance; and ``(F) a plan for the National Institutes of Health to enforce the penalties under subsection (d) with respect to each entity fails an inspection under this section. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''. <all>

EMPOWER NIH Act of 2021

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes.

EMPOWER NIH Act of 2021 Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021

Rep. Turner, Michael R.

R

OH

This bill requires annual, unannounced, in-person inspections of all nonfederal entities that receive funding, including through subawards, from the National Institutes of Health (NIH) to assess whether the funded research is consistent with the research proposal and otherwise meets record-keeping requirements and NIH standards. The inspections are required even when an entity is located in a foreign country with a government that interferes with the inspection; entities that fail an inspection must return the full amount of NIH funding and lose eligibility for future NIH funding for at least five years. The bill is effective on October 1, 2023, and applies to NIH funding awarded both before and after that date.

SHORT TITLE. This Act may be cited as the ``Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021'' or the ``EMPOWER NIH Act of 2021''. SEC. 2. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(c) Inspection Requirements.--The Director of NIH shall conduct an annual inspection of each entity receiving financial assistance described in subsection (a) in accordance with the following: ``(1) The inspection shall be unannounced. ``(2) The timing of the inspection shall vary each year. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(C) The Select Committee on Intelligence of the Senate. ``(D) The Committee on Oversight and Reform of the House of Representatives. ``(2) Contents.--Each report under paragraph (1) shall, with respect to the period covered by the report, include-- ``(A) the full text of each proposal receiving financial assistance from the National Institutes of Health; ``(B) data regarding whether research conducted using financial assistance from the National Institutes of Health is consistent with the substance of the corresponding proposal; ``(C) data regarding whether each site at which research is conducted using financial assistance from the National Institutes of Health, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; ``(D) data regarding whether each entity receiving financial assistance from the National Institutes of Health keeps detailed and updated records of the research conducted; ``(E) a final assessment of whether each entity receiving financial assistance from the National Institutes of Health remains eligible to continue receiving such assistance; and ``(F) a plan for the National Institutes of Health to enforce the penalties under subsection (d) with respect to each entity fails an inspection under this section. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

SHORT TITLE. This Act may be cited as the ``Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021'' or the ``EMPOWER NIH Act of 2021''. SEC. 2. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(c) Inspection Requirements.--The Director of NIH shall conduct an annual inspection of each entity receiving financial assistance described in subsection (a) in accordance with the following: ``(1) The inspection shall be unannounced. ``(2) The timing of the inspection shall vary each year. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(C) The Select Committee on Intelligence of the Senate. ``(D) The Committee on Oversight and Reform of the House of Representatives. ``(2) Contents.--Each report under paragraph (1) shall, with respect to the period covered by the report, include-- ``(A) the full text of each proposal receiving financial assistance from the National Institutes of Health; ``(B) data regarding whether research conducted using financial assistance from the National Institutes of Health is consistent with the substance of the corresponding proposal; ``(C) data regarding whether each site at which research is conducted using financial assistance from the National Institutes of Health, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; ``(D) data regarding whether each entity receiving financial assistance from the National Institutes of Health keeps detailed and updated records of the research conducted; ``(E) a final assessment of whether each entity receiving financial assistance from the National Institutes of Health remains eligible to continue receiving such assistance; and ``(F) a plan for the National Institutes of Health to enforce the penalties under subsection (d) with respect to each entity fails an inspection under this section. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021'' or the ``EMPOWER NIH Act of 2021''. SEC. 2. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(2) Special rule.--This section applies even where an entity described in paragraph (1) is located or operates at-- ``(A) a site that is in a foreign country whose government-- ``(i) prevents inspectors from reaching the site; ``(ii) impedes or impairs inspection; or ``(B) a site that restricts or delays the entry of the inspectors for any reason. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(c) Inspection Requirements.--The Director of NIH shall conduct an annual inspection of each entity receiving financial assistance described in subsection (a) in accordance with the following: ``(1) The inspection shall be unannounced. ``(2) The timing of the inspection shall vary each year. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(5) The inspection shall include-- ``(A) the facility at the research site; ``(B) the materials used to conduct the research; ``(C) any electronic or hard-copy materials relevant to the research; and ``(D) photographic and video evidence of the inspection. ``(6) Each team of inspectors shall consist of at least three individuals, each of whom shall have no affiliation with any of the entities receiving the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(3) Relation to other penalties.--The penalties specified in this subsection are in addition to any other penalties applicable to an act or omission causing an entity to fail an inspection under this section. ``(C) The Select Committee on Intelligence of the Senate. ``(D) The Committee on Oversight and Reform of the House of Representatives. ``(2) Contents.--Each report under paragraph (1) shall, with respect to the period covered by the report, include-- ``(A) the full text of each proposal receiving financial assistance from the National Institutes of Health; ``(B) data regarding whether research conducted using financial assistance from the National Institutes of Health is consistent with the substance of the corresponding proposal; ``(C) data regarding whether each site at which research is conducted using financial assistance from the National Institutes of Health, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; ``(D) data regarding whether each entity receiving financial assistance from the National Institutes of Health keeps detailed and updated records of the research conducted; ``(E) a final assessment of whether each entity receiving financial assistance from the National Institutes of Health remains eligible to continue receiving such assistance; and ``(F) a plan for the National Institutes of Health to enforce the penalties under subsection (d) with respect to each entity fails an inspection under this section. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enabling More Penetrating Oversight When Examining Research for NIH Act of 2021'' or the ``EMPOWER NIH Act of 2021''. SEC. 2. ONSITE INSPECTIONS REQUIRED OF NIH AWARD RECIPIENTS. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(2) Special rule.--This section applies even where an entity described in paragraph (1) is located or operates at-- ``(A) a site that is in a foreign country whose government-- ``(i) prevents inspectors from reaching the site; ``(ii) impedes or impairs inspection; or ``(B) a site that restricts or delays the entry of the inspectors for any reason. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(c) Inspection Requirements.--The Director of NIH shall conduct an annual inspection of each entity receiving financial assistance described in subsection (a) in accordance with the following: ``(1) The inspection shall be unannounced. ``(2) The timing of the inspection shall vary each year. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(5) The inspection shall include-- ``(A) the facility at the research site; ``(B) the materials used to conduct the research; ``(C) any electronic or hard-copy materials relevant to the research; and ``(D) photographic and video evidence of the inspection. ``(6) Each team of inspectors shall consist of at least three individuals, each of whom shall have no affiliation with any of the entities receiving the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(d) Penalties.-- ``(1) In general.--If an entity fails an inspection under this section-- ``(A) the entities receiving the financial assistance involved shall, collectively, return the full amount of such assistance to the Treasury; and ``(B) each entity receiving the financial assistance involved, including each entity that receives the assistance directly from the National Institutes of Health and each entity that receives the assistance indirectly, shall be ineligible to receive financial assistance from the National Institutes of Health for a period of-- ``(i) not less than 5 years; and ``(ii) in the case of an entity that is determined by the Director of NIH to have failed the inspection for a violation described in paragraph (2), not less than 15 years. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(3) Relation to other penalties.--The penalties specified in this subsection are in addition to any other penalties applicable to an act or omission causing an entity to fail an inspection under this section. ``(e) Annual Report to Congress.-- ``(1) In general.--Not later than October 1, 2024, and annually thereafter, The Director of NIH shall submit an annual report on the implementation of this section to the following congressional committees: ``(A) The Committee on Homeland Security and Governmental Affairs of the Senate. ``(B) The Committee on Finance of the Senate. ``(C) The Select Committee on Intelligence of the Senate. ``(D) The Committee on Oversight and Reform of the House of Representatives. ``(E) The Committee on Energy and Commerce of the House of Representatives. ``(2) Contents.--Each report under paragraph (1) shall, with respect to the period covered by the report, include-- ``(A) the full text of each proposal receiving financial assistance from the National Institutes of Health; ``(B) data regarding whether research conducted using financial assistance from the National Institutes of Health is consistent with the substance of the corresponding proposal; ``(C) data regarding whether each site at which research is conducted using financial assistance from the National Institutes of Health, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; ``(D) data regarding whether each entity receiving financial assistance from the National Institutes of Health keeps detailed and updated records of the research conducted; ``(E) a final assessment of whether each entity receiving financial assistance from the National Institutes of Health remains eligible to continue receiving such assistance; and ``(F) a plan for the National Institutes of Health to enforce the penalties under subsection (d) with respect to each entity fails an inspection under this section. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. 404O. ONSITE INSPECTIONS OF AWARD RECIPIENTS. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(4) The inspection shall examine-- ``(A) whether the funded research is consistent with the description and assurances in the relevant proposal; ``(B) whether each site at which the research is conducted, and the research itself, is in compliance with all applicable standards and requirements of the National Institutes of Health; and ``(C) whether each entity receiving the financial assistance keeps detailed and updated records of the research conducted. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

To amend the Public Health Service Act to require full inspection, and complete transparency, with respect to entities receiving financial assistance from the National Institutes of Health, and for other purposes. ``(a) Scope.-- ``(1) In general.--This section applies with respect to any financial assistance from the National Institutes of Health to any non-Federal entity for research-related activities, whether the assistance is made available directly or indirectly, including through the award of a subgrant or other subaward. ``(b) Condition on Receipt.--As a condition on receipt of any financial assistance described in subsection (a), an entity shall agree to undergo an annual in-person inspection pursuant to this section. ``(3) The inspection shall take place at all the sites at which activities are being funded through the financial assistance. ``(7) Each team of inspectors shall certify in writing that they have no financial conflict of interest with respect to the operations, researchers, or potential findings involved. ``(8) Each inspector upon arrival at the site to be inspected shall present officials of the entity to be inspected with credentials confirming the inspector's identity and authority to inspect the entity. ``(2) Violations described.--A violation referred to in paragraph (1)(B)(ii) is-- ``(A) without regard to whether the conduct is knowing or not-- ``(i) denial of entry by the entity to inspectors; ``(ii) maintaining incomplete or falsified research records; ``(iii) damaging or destroying research records; ``(iv) withholding research records from inspectors; or ``(v) relocating research materials to alternate sites to avoid inspection; or ``(B) any action taken knowingly to prevent a full and complete inspection. ``(F) The Permanent Select Committee on Intelligence of the House of Representatives. ``(3) Publication.--The Director of NIH shall post each report under paragraph (1) in its entirety on the public website of the National Institutes of Health. ``(f) Applicability.--This section applies beginning on October 1, 2023, irrespective of whether the financial assistance involved is awarded before or after such date.''.

H.R.8559

Taxation

Small Business Owner Tax Relief Act of 2022 This bill increases the tax deduction for the payroll taxes of small businesses and imposes an excise tax on corporations for their stock repurchases. The bill allows self-employed taxpayers earning less than $400,000 in a taxable year to deduct three-quarters (currently, one-half) of their payroll taxes. The bill also imposes an excise tax of 0.8% on the fair market value of any stock of a publicly traded domestic corporation that is repurchased by the corporation during the taxable year.

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Owner Tax Relief Act of 2022''. SEC. 2. ENHANCED DEDUCTION FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. (a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. EXCISE TAX ON REPURCHASE OF CORPORATE STOCK. (a) In General.--Subtitle D is amended by inserting after chapter 36 the following new chapter: ``CHAPTER 37--REPURCHASE OF CORPORATE STOCK ``Sec. 4501. Repurchase of corporate stock. ``SEC. 4501. REPURCHASE OF CORPORATE STOCK. ``(a) General Rule.--There is hereby imposed on each covered corporation a tax equal to 0.8 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. ``(b) Covered Corporation.--For purposes of this section, the term `covered corporation' means any domestic corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(c) Repurchase.--For purposes of this section-- ``(1) In general.--The term `repurchase' means-- ``(A) a redemption within the meaning of section 317(b) with regard to the stock of a covered corporation, and ``(B) any transaction determined by the Secretary to be economically similar to a transaction described in subparagraph (A). ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(d) Special Rules for Acquisition of Stock of Certain Foreign Corporations.-- ``(1) In general.--In the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation (other than a foreign corporation or a foreign partnership (unless such partnership has a domestic entity as a direct or indirect partner)) from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation, for purposes of this section-- ``(A) such specified affiliate shall be treated as a covered corporation with respect to such acquisition, ``(B) such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and ``(C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued by such specified affiliate to employees of the specified affiliate. ``(2) Surrogate foreign corporations.--In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section-- ``(A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, ``(B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and ``(C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued by such expatriated entity to employees of the expatriated entity. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(e) Exceptions.--Subsection (a) shall not apply-- ``(1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized on such repurchase by the shareholder under chapter 1 by reason of such reorganization, ``(2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, ``(3) in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000, ``(4) under regulations prescribed by the Secretary, in cases in which the repurchase is by a dealer in securities in the ordinary course of business, ``(5) to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or ``(6) to the extent that the repurchase is treated as a dividend for purposes of this title. ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. (b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (c) Clerical Amendment.--The table of chapters for subtitle D is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Repurchase of Corporate Stock''. (d) Effective Date.--The amendments made by this section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986, as added by this section) of stock after December 31, 2021. <all>

Small Business Owner Tax Relief Act of 2022

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes.

Small Business Owner Tax Relief Act of 2022

Rep. Craig, Angie

D

MN

This bill increases the tax deduction for the payroll taxes of small businesses and imposes an excise tax on corporations for their stock repurchases. The bill allows self-employed taxpayers earning less than $400,000 in a taxable year to deduct three-quarters (currently, one-half) of their payroll taxes. The bill also imposes an excise tax of 0.8% on the fair market value of any stock of a publicly traded domestic corporation that is repurchased by the corporation during the taxable year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Owner Tax Relief Act of 2022''. ENHANCED DEDUCTION FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. SEC. 3. 4501. ``(a) General Rule.--There is hereby imposed on each covered corporation a tax equal to 0.8 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(2) Surrogate foreign corporations.--In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section-- ``(A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, ``(B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and ``(C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued by such expatriated entity to employees of the expatriated entity. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. (c) Clerical Amendment.--The table of chapters for subtitle D is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Repurchase of Corporate Stock''. (d) Effective Date.--The amendments made by this section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986, as added by this section) of stock after December 31, 2021.

SHORT TITLE. This Act may be cited as the ``Small Business Owner Tax Relief Act of 2022''. ENHANCED DEDUCTION FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. SEC. 3. 4501. ``(a) General Rule.--There is hereby imposed on each covered corporation a tax equal to 0.8 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. (c) Clerical Amendment.--The table of chapters for subtitle D is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Repurchase of Corporate Stock''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Owner Tax Relief Act of 2022''. ENHANCED DEDUCTION FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. SEC. 3. 4501. ``(a) General Rule.--There is hereby imposed on each covered corporation a tax equal to 0.8 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(2) Surrogate foreign corporations.--In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section-- ``(A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, ``(B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and ``(C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued by such expatriated entity to employees of the expatriated entity. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(e) Exceptions.--Subsection (a) shall not apply-- ``(1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized on such repurchase by the shareholder under chapter 1 by reason of such reorganization, ``(2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, ``(3) in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000, ``(4) under regulations prescribed by the Secretary, in cases in which the repurchase is by a dealer in securities in the ordinary course of business, ``(5) to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or ``(6) to the extent that the repurchase is treated as a dividend for purposes of this title. ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. (b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (c) Clerical Amendment.--The table of chapters for subtitle D is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Repurchase of Corporate Stock''. (d) Effective Date.--The amendments made by this section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986, as added by this section) of stock after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Owner Tax Relief Act of 2022''. ENHANCED DEDUCTION FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. (a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. SEC. 3. EXCISE TAX ON REPURCHASE OF CORPORATE STOCK. 4501. ``(a) General Rule.--There is hereby imposed on each covered corporation a tax equal to 0.8 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. ``(c) Repurchase.--For purposes of this section-- ``(1) In general.--The term `repurchase' means-- ``(A) a redemption within the meaning of section 317(b) with regard to the stock of a covered corporation, and ``(B) any transaction determined by the Secretary to be economically similar to a transaction described in subparagraph (A). ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(2) Surrogate foreign corporations.--In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section-- ``(A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, ``(B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and ``(C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued by such expatriated entity to employees of the expatriated entity. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(e) Exceptions.--Subsection (a) shall not apply-- ``(1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized on such repurchase by the shareholder under chapter 1 by reason of such reorganization, ``(2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, ``(3) in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000, ``(4) under regulations prescribed by the Secretary, in cases in which the repurchase is by a dealer in securities in the ordinary course of business, ``(5) to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or ``(6) to the extent that the repurchase is treated as a dividend for purposes of this title. ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. (b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (c) Clerical Amendment.--The table of chapters for subtitle D is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Repurchase of Corporate Stock''. (d) Effective Date.--The amendments made by this section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986, as added by this section) of stock after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(b) Covered Corporation.--For purposes of this section, the term `covered corporation' means any domestic corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(b) Covered Corporation.--For purposes of this section, the term `covered corporation' means any domestic corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(b) Covered Corporation.--For purposes of this section, the term `covered corporation' means any domestic corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(C) Expatriated entity.--The term `expatriated entity' has the meaning given such term by section 7874(a)(2)(A). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. a) In General.--Section 164(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Enhanced deduction for lower-income individuals.--In the case of an individual with a gross income of less than $400,000 for the taxable year, paragraph (1) shall be applied by substituting `three quarters of the taxes imposed' for `one- half of the taxes imposed'.''. ( Repurchase of corporate stock. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(B) Specified affiliate.--For purposes of this section, the term `specified affiliate' means, with respect to any corporation-- ``(i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and ``(ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. ``(B) Covered surrogate foreign corporation.--The term `covered surrogate foreign corporation' means any surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting `September 20, 2021' for `March 4, 2003' each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

To amend the Internal Revenue Code of 1986 to provide tax relief for certain small business owners, to impose a tax on the repurchase of corporate stock, and for other purposes. ``(2) Treatment of purchases by specified affiliates.-- ``(A) In general.--The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. ``(3) Adjustment.--The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued in response to the exercise of an option to purchase such stock. ``(3) Definitions.--For purposes of this subsection-- ``(A) Applicable foreign corporation.--The term `applicable foreign corporation' means any foreign corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). ``(f) Regulations and Guidance.--The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance-- ``(1) to prevent the abuse of the exceptions provided by subsection (e), ``(2) to address special classes of stock and preferred stock, and ``(3) for the application of the rules under subsection (d).''. ( b) Tax Not Deductible.--Paragraph (6) of section 275(a) is amended by inserting ``37,'' before ``41''. (

S.2196

Immigration

Restoring Northern Border Travel Act This bill requires the Department of Homeland Security (DHS) to expand the list of permitted essential travel into the United States through land ports of entry along the U.S.-Canada border. Specifically, it shall be permitted essential travel to enter the United States through the U.S.-Canada land border to (1) visit a family member who is a U.S. citizen or permanent resident, (2) visit property that the traveler owns or leases, (3) attend business meetings or site visits, or (4) board a flight for travel. Within 20 days of this bill's enactment, DHS must report to Congress a plan to fully restore nonessential travel into the United States through this land border.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Northern Border Travel Act''. SEC. 2. RESTORING TRAVEL AT THE UNITED STATES-CANADA BORDER. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act. <all>

Restoring Northern Border Travel Act

A bill to require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes.

Restoring Northern Border Travel Act

Sen. Daines, Steve

R

MT

This bill requires the Department of Homeland Security (DHS) to expand the list of permitted essential travel into the United States through land ports of entry along the U.S.-Canada border. Specifically, it shall be permitted essential travel to enter the United States through the U.S.-Canada land border to (1) visit a family member who is a U.S. citizen or permanent resident, (2) visit property that the traveler owns or leases, (3) attend business meetings or site visits, or (4) board a flight for travel. Within 20 days of this bill's enactment, DHS must report to Congress a plan to fully restore nonessential travel into the United States through this land border.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Northern Border Travel Act''. SEC. 2. RESTORING TRAVEL AT THE UNITED STATES-CANADA BORDER. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act. <all>

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Northern Border Travel Act''. SEC. 2. RESTORING TRAVEL AT THE UNITED STATES-CANADA BORDER. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act. <all>

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Northern Border Travel Act''. SEC. 2. RESTORING TRAVEL AT THE UNITED STATES-CANADA BORDER. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act. <all>

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Northern Border Travel Act''. SEC. 2. RESTORING TRAVEL AT THE UNITED STATES-CANADA BORDER. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act. <all>

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. 2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. ( (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. ( c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. 2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. ( (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. ( c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. 2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. ( (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. ( c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. 2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. ( (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. ( c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act.

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (

To require the Secretary of Homeland Security to expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes. 2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. ( (b) Plan for Full Reopening.--Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. ( c) Applicability.--This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1318(b)(2)) at land ports of entry along the United States- Canada border due to the COVID-19 public health emergency as in effect on the date of the enactment of this Act.

S.4474

Emergency Management

Prohibiting Federal Emergencies for Abortion Act This bill prohibits the President and the Department of Health and Human Services (HHS) from declaring a federal emergency relating to abortion. Specifically, neither the President nor HHS may declare a national emergency for purposes of (1) promoting, supporting, or expanding access to abortion; or (2) taking adverse action against or litigating against states that prohibit or otherwise restrict abortion.

To prohibit the declaration of a Federal emergency relating to abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Federal Emergencies for Abortion Act''. SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO ABORTION. (a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (b) Public Health Service Act.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following: ``(d) Prohibition on Declarations Relating to Abortion.-- ``(1) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''. <all>

Prohibiting Federal Emergencies for Abortion Act

A bill to prohibit the declaration of a Federal emergency relating to abortion.

Prohibiting Federal Emergencies for Abortion Act

Sen. Rubio, Marco

R

FL

This bill prohibits the President and the Department of Health and Human Services (HHS) from declaring a federal emergency relating to abortion. Specifically, neither the President nor HHS may declare a national emergency for purposes of (1) promoting, supporting, or expanding access to abortion; or (2) taking adverse action against or litigating against states that prohibit or otherwise restrict abortion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Federal Emergencies for Abortion Act''. SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO ABORTION. (a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (b) Public Health Service Act.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following: ``(d) Prohibition on Declarations Relating to Abortion.-- ``(1) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Federal Emergencies for Abortion Act''. SEC. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO ABORTION. (a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (b) Public Health Service Act.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

To prohibit the declaration of a Federal emergency relating to abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Federal Emergencies for Abortion Act''. SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO ABORTION. (a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (b) Public Health Service Act.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following: ``(d) Prohibition on Declarations Relating to Abortion.-- ``(1) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''. <all>

To prohibit the declaration of a Federal emergency relating to abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Federal Emergencies for Abortion Act''. SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO ABORTION. (a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (b) Public Health Service Act.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. (c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following: ``(d) Prohibition on Declarations Relating to Abortion.-- ``(1) Abortion defined.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''. <all>

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. ( ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. ( ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. ( ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. ( ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. ``(2) Definition.--In this subsection, the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child.''. ( ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

To prohibit the declaration of a Federal emergency relating to abortion. a) Prohibition on Declarations of National Emergencies Relating to Abortion Under National Emergencies Act.--Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: ``(c) Prohibition on Declaring National Emergences Relating to Abortion.-- ``(1) In general.--The President may not declare a national emergency under subsection (a) for purposes of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. 247d) is amended by adding at the end the following: ``(g) Limitation.-- ``(1) In general.--Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. c) Emergency Declarations Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. ``(2) Prohibition.--The President may not declare that an emergency exists under subsection (a) for the purpose of-- ``(A) promoting, supporting, or expanding access to abortion; or ``(B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion.''.

H.R.606

Taxation

No Abortion Bonds Act This bill denies a tax exclusion for the interest paid on state and local bonds that are used to provide a facility owned or used (for any purpose) by an abortion provider for more than 30 days during a year in which interest is paid on the bonds. An entity is not considered an abortion provider solely as a result of performing abortions if (1) the pregnancy is the result of an act of rape or incest; or (2) a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. The Department of the Treasury may exempt certain hospitals from being considered an abortion provider by making the name of the hospital available on Treasury's public website.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. 2. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. (a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act. <all>

No Abortion Bonds Act

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers.

No Abortion Bonds Act

Rep. Smith, Jason

R

MO

This bill denies a tax exclusion for the interest paid on state and local bonds that are used to provide a facility owned or used (for any purpose) by an abortion provider for more than 30 days during a year in which interest is paid on the bonds. An entity is not considered an abortion provider solely as a result of performing abortions if (1) the pregnancy is the result of an act of rape or incest; or (2) a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. The Department of the Treasury may exempt certain hospitals from being considered an abortion provider by making the name of the hospital available on Treasury's public website.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. 2. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. (a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. ''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. 2. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. (a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. 2. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. (a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond. ''; ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act.

H.R.2263

Energy

Manufacturing for Our Future Act of 2021 This bill requires the Department of Energy (DOE) to establish a clean energy manufacturing grant program. Under the program, DOE must award grants to manufacturers for (1) projects to reequip, expand, or establish a facility for the manufacture of clean energy systems (e.g., renewable energy technology); (2) projects to retrofit or convert a facility to enable it to manufacture zero- or low-emission energy-intensive industrial products; and (3) engineering design studies for such retrofit or conversion projects. A zero- or low-emission energy-intensive industrial product means a product the production of which results in significantly less greenhouse gas emissions relative to the production of similar products. The products must also fall in manufacturing categories that are energy-intensive or difficult-to-decarbonize.

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing for Our Future Act of 2021''. SEC. 2. CLEAN ENERGY MANUFACTURING GRANT PROGRAM. (a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (b) Grants to Manufacturers.-- (1) Grants.--In carrying out the program established under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants to manufacturers-- (A) for projects to reequip, expand, or establish a facility for the manufacture of clean energy systems, or for the manufacture of components of clean energy systems, including the manufacture of-- (i) renewable energy technologies; (ii) energy storage technologies; (iii) advanced nuclear energy technologies; (iv) carbon capture, utilization, transportation, and storage technologies, including direct air capture systems, direct ocean capture systems, bio-energy systems with carbon capture and storage, and systems intended to capture biogas and greenhouse gas emissions from wastewater treatment plants and agricultural applications; (v) electric grid technologies, including smart grid technologies, microgrid technologies, advanced transmission technologies, building-to-grid technologies, and vehicle-to-grid technologies; (vi) efficient end-use energy technologies, including Energy Star products and energy- conserving lighting technologies; (vii) electrolyzers; (viii) fuel cells and other technologies related to the transportation, storage, delivery, and use of hydrogen, including technologies for residential, commercial, industrial, and transportation applications; (ix) zero-emission light-, medium-, and heavy-duty vehicles, components of such vehicles, and refueling equipment for such vehicles; (x) industrial energy efficiency technologies, including combined heat and power systems and waste heat to power systems; (xi) pollution control equipment; and (xii) other technologies that reduce greenhouse gas emissions, as determined appropriate by the Secretary; (B) for projects to install, retrofit, or convert equipment for a facility, or to otherwise retrofit or convert a facility, to enable the facility to manufacture zero- or low-emission energy-intensive industrial products, including projects relating to the installation, retrofit, or conversion of-- (i) industrial energy efficiency technologies; (ii) carbon capture systems; (iii) equipment and infrastructure to enable fuel or feedstock switching to electricity or hydrogen; and (iv) equipment to enable production of materials and products containing a high percentage of recycled content; and (C) for front end engineering design studies, as determined appropriate by the Secretary, for projects described in subparagraph (B). (2) Priority of applications.--In awarding grants under this subsection, the Secretary shall give priority to projects that-- (A) provide the greatest potential net impact in avoiding or reducing greenhouse gas emissions and other air, land, and water pollutants; (B) include the refurbishment or retooling of manufacturing facilities that have ceased operation or will cease operation in the near future; (C) provide the greatest potential for domestic job creation (both direct and indirect); (D) have the greatest potential for technological innovation and commercial deployment; (E) have the greatest potential to strengthen or develop domestic supply chains for clean energy systems; (F) result in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (G) promote environmental justice in communities with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, or communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, including through remediation of contaminated sites; or (H) commit to hiring displaced workers in regions or localities described in subparagraph (F). (3) Labor standards.--The Secretary shall require-- (A) all laborers and mechanics employed by contractors or subcontractors in carrying out a project for the construction, alteration, retooling, or repair of a facility that is financed by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (B) a disclosure by an applicant for a grant under this subsection of any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; (C) an applicant for a grant under this subsection to provide specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and (D) an applicant for a grant under this subsection to provide an estimate and description of the jobs and types of jobs to be retained or created by the project proposed by the applicant and the specific actions the applicant will take to increase employment and retention of dislocated workers, veterans, individuals from low-income communities, women, minorities, and other groups underrepresented in manufacturing, and individuals with a barrier to employment. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. (B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. (d) Intra-Agency Coordination.--In carrying out the program established under subsection (a), to the extent consistent with applicable law, the Secretary shall collaborate, coordinate, and share information with relevant programs and offices within the Department of Energy. (e) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States. (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. (ii) Ammonia and fertilizer. (iii) Cement and concrete. (iv) Ceramics. (v) Chemicals and petrochemicals. (vi) Food processing. (vii) Glass. (viii) Hydrogen. (ix) Iron and steel. (x) Pulp and paper. (xi) A manufacturing subsector determined by the Secretary to be energy-intensive or difficult-to-decarbonize. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000,000, to remain available until expended. <all>

Manufacturing for Our Future Act of 2021

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes.

Manufacturing for Our Future Act of 2021

Rep. Tonko, Paul

D

NY

This bill requires the Department of Energy (DOE) to establish a clean energy manufacturing grant program. Under the program, DOE must award grants to manufacturers for (1) projects to reequip, expand, or establish a facility for the manufacture of clean energy systems (e.g., renewable energy technology); (2) projects to retrofit or convert a facility to enable it to manufacture zero- or low-emission energy-intensive industrial products; and (3) engineering design studies for such retrofit or conversion projects. A zero- or low-emission energy-intensive industrial product means a product the production of which results in significantly less greenhouse gas emissions relative to the production of similar products. The products must also fall in manufacturing categories that are energy-intensive or difficult-to-decarbonize.

CLEAN ENERGY MANUFACTURING GRANT PROGRAM. (b) Grants to Manufacturers.-- (1) Grants.--In carrying out the program established under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants to manufacturers-- (A) for projects to reequip, expand, or establish a facility for the manufacture of clean energy systems, or for the manufacture of components of clean energy systems, including the manufacture of-- (i) renewable energy technologies; (ii) energy storage technologies; (iii) advanced nuclear energy technologies; (iv) carbon capture, utilization, transportation, and storage technologies, including direct air capture systems, direct ocean capture systems, bio-energy systems with carbon capture and storage, and systems intended to capture biogas and greenhouse gas emissions from wastewater treatment plants and agricultural applications; (v) electric grid technologies, including smart grid technologies, microgrid technologies, advanced transmission technologies, building-to-grid technologies, and vehicle-to-grid technologies; (vi) efficient end-use energy technologies, including Energy Star products and energy- conserving lighting technologies; (vii) electrolyzers; (viii) fuel cells and other technologies related to the transportation, storage, delivery, and use of hydrogen, including technologies for residential, commercial, industrial, and transportation applications; (ix) zero-emission light-, medium-, and heavy-duty vehicles, components of such vehicles, and refueling equipment for such vehicles; (x) industrial energy efficiency technologies, including combined heat and power systems and waste heat to power systems; (xi) pollution control equipment; and (xii) other technologies that reduce greenhouse gas emissions, as determined appropriate by the Secretary; (B) for projects to install, retrofit, or convert equipment for a facility, or to otherwise retrofit or convert a facility, to enable the facility to manufacture zero- or low-emission energy-intensive industrial products, including projects relating to the installation, retrofit, or conversion of-- (i) industrial energy efficiency technologies; (ii) carbon capture systems; (iii) equipment and infrastructure to enable fuel or feedstock switching to electricity or hydrogen; and (iv) equipment to enable production of materials and products containing a high percentage of recycled content; and (C) for front end engineering design studies, as determined appropriate by the Secretary, for projects described in subparagraph (B). (e) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States.

CLEAN ENERGY MANUFACTURING GRANT PROGRAM. (b) Grants to Manufacturers.-- (1) Grants.--In carrying out the program established under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants to manufacturers-- (A) for projects to reequip, expand, or establish a facility for the manufacture of clean energy systems, or for the manufacture of components of clean energy systems, including the manufacture of-- (i) renewable energy technologies; (ii) energy storage technologies; (iii) advanced nuclear energy technologies; (iv) carbon capture, utilization, transportation, and storage technologies, including direct air capture systems, direct ocean capture systems, bio-energy systems with carbon capture and storage, and systems intended to capture biogas and greenhouse gas emissions from wastewater treatment plants and agricultural applications; (v) electric grid technologies, including smart grid technologies, microgrid technologies, advanced transmission technologies, building-to-grid technologies, and vehicle-to-grid technologies; (vi) efficient end-use energy technologies, including Energy Star products and energy- conserving lighting technologies; (vii) electrolyzers; (viii) fuel cells and other technologies related to the transportation, storage, delivery, and use of hydrogen, including technologies for residential, commercial, industrial, and transportation applications; (ix) zero-emission light-, medium-, and heavy-duty vehicles, components of such vehicles, and refueling equipment for such vehicles; (x) industrial energy efficiency technologies, including combined heat and power systems and waste heat to power systems; (xi) pollution control equipment; and (xii) other technologies that reduce greenhouse gas emissions, as determined appropriate by the Secretary; (B) for projects to install, retrofit, or convert equipment for a facility, or to otherwise retrofit or convert a facility, to enable the facility to manufacture zero- or low-emission energy-intensive industrial products, including projects relating to the installation, retrofit, or conversion of-- (i) industrial energy efficiency technologies; (ii) carbon capture systems; (iii) equipment and infrastructure to enable fuel or feedstock switching to electricity or hydrogen; and (iv) equipment to enable production of materials and products containing a high percentage of recycled content; and (C) for front end engineering design studies, as determined appropriate by the Secretary, for projects described in subparagraph (B). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States.

CLEAN ENERGY MANUFACTURING GRANT PROGRAM. (b) Grants to Manufacturers.-- (1) Grants.--In carrying out the program established under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants to manufacturers-- (A) for projects to reequip, expand, or establish a facility for the manufacture of clean energy systems, or for the manufacture of components of clean energy systems, including the manufacture of-- (i) renewable energy technologies; (ii) energy storage technologies; (iii) advanced nuclear energy technologies; (iv) carbon capture, utilization, transportation, and storage technologies, including direct air capture systems, direct ocean capture systems, bio-energy systems with carbon capture and storage, and systems intended to capture biogas and greenhouse gas emissions from wastewater treatment plants and agricultural applications; (v) electric grid technologies, including smart grid technologies, microgrid technologies, advanced transmission technologies, building-to-grid technologies, and vehicle-to-grid technologies; (vi) efficient end-use energy technologies, including Energy Star products and energy- conserving lighting technologies; (vii) electrolyzers; (viii) fuel cells and other technologies related to the transportation, storage, delivery, and use of hydrogen, including technologies for residential, commercial, industrial, and transportation applications; (ix) zero-emission light-, medium-, and heavy-duty vehicles, components of such vehicles, and refueling equipment for such vehicles; (x) industrial energy efficiency technologies, including combined heat and power systems and waste heat to power systems; (xi) pollution control equipment; and (xii) other technologies that reduce greenhouse gas emissions, as determined appropriate by the Secretary; (B) for projects to install, retrofit, or convert equipment for a facility, or to otherwise retrofit or convert a facility, to enable the facility to manufacture zero- or low-emission energy-intensive industrial products, including projects relating to the installation, retrofit, or conversion of-- (i) industrial energy efficiency technologies; (ii) carbon capture systems; (iii) equipment and infrastructure to enable fuel or feedstock switching to electricity or hydrogen; and (iv) equipment to enable production of materials and products containing a high percentage of recycled content; and (C) for front end engineering design studies, as determined appropriate by the Secretary, for projects described in subparagraph (B). (3) Labor standards.--The Secretary shall require-- (A) all laborers and mechanics employed by contractors or subcontractors in carrying out a project for the construction, alteration, retooling, or repair of a facility that is financed by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (B) a disclosure by an applicant for a grant under this subsection of any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; (C) an applicant for a grant under this subsection to provide specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and (D) an applicant for a grant under this subsection to provide an estimate and description of the jobs and types of jobs to be retained or created by the project proposed by the applicant and the specific actions the applicant will take to increase employment and retention of dislocated workers, veterans, individuals from low-income communities, women, minorities, and other groups underrepresented in manufacturing, and individuals with a barrier to employment. (e) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000,000, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. CLEAN ENERGY MANUFACTURING GRANT PROGRAM. (b) Grants to Manufacturers.-- (1) Grants.--In carrying out the program established under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants to manufacturers-- (A) for projects to reequip, expand, or establish a facility for the manufacture of clean energy systems, or for the manufacture of components of clean energy systems, including the manufacture of-- (i) renewable energy technologies; (ii) energy storage technologies; (iii) advanced nuclear energy technologies; (iv) carbon capture, utilization, transportation, and storage technologies, including direct air capture systems, direct ocean capture systems, bio-energy systems with carbon capture and storage, and systems intended to capture biogas and greenhouse gas emissions from wastewater treatment plants and agricultural applications; (v) electric grid technologies, including smart grid technologies, microgrid technologies, advanced transmission technologies, building-to-grid technologies, and vehicle-to-grid technologies; (vi) efficient end-use energy technologies, including Energy Star products and energy- conserving lighting technologies; (vii) electrolyzers; (viii) fuel cells and other technologies related to the transportation, storage, delivery, and use of hydrogen, including technologies for residential, commercial, industrial, and transportation applications; (ix) zero-emission light-, medium-, and heavy-duty vehicles, components of such vehicles, and refueling equipment for such vehicles; (x) industrial energy efficiency technologies, including combined heat and power systems and waste heat to power systems; (xi) pollution control equipment; and (xii) other technologies that reduce greenhouse gas emissions, as determined appropriate by the Secretary; (B) for projects to install, retrofit, or convert equipment for a facility, or to otherwise retrofit or convert a facility, to enable the facility to manufacture zero- or low-emission energy-intensive industrial products, including projects relating to the installation, retrofit, or conversion of-- (i) industrial energy efficiency technologies; (ii) carbon capture systems; (iii) equipment and infrastructure to enable fuel or feedstock switching to electricity or hydrogen; and (iv) equipment to enable production of materials and products containing a high percentage of recycled content; and (C) for front end engineering design studies, as determined appropriate by the Secretary, for projects described in subparagraph (B). (2) Priority of applications.--In awarding grants under this subsection, the Secretary shall give priority to projects that-- (A) provide the greatest potential net impact in avoiding or reducing greenhouse gas emissions and other air, land, and water pollutants; (B) include the refurbishment or retooling of manufacturing facilities that have ceased operation or will cease operation in the near future; (C) provide the greatest potential for domestic job creation (both direct and indirect); (D) have the greatest potential for technological innovation and commercial deployment; (E) have the greatest potential to strengthen or develop domestic supply chains for clean energy systems; (F) result in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (G) promote environmental justice in communities with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, or communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, including through remediation of contaminated sites; or (H) commit to hiring displaced workers in regions or localities described in subparagraph (F). (3) Labor standards.--The Secretary shall require-- (A) all laborers and mechanics employed by contractors or subcontractors in carrying out a project for the construction, alteration, retooling, or repair of a facility that is financed by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (B) a disclosure by an applicant for a grant under this subsection of any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; (C) an applicant for a grant under this subsection to provide specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and (D) an applicant for a grant under this subsection to provide an estimate and description of the jobs and types of jobs to be retained or created by the project proposed by the applicant and the specific actions the applicant will take to increase employment and retention of dislocated workers, veterans, individuals from low-income communities, women, minorities, and other groups underrepresented in manufacturing, and individuals with a barrier to employment. (d) Intra-Agency Coordination.--In carrying out the program established under subsection (a), to the extent consistent with applicable law, the Secretary shall collaborate, coordinate, and share information with relevant programs and offices within the Department of Energy. (e) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States. (ii) Ammonia and fertilizer. (iii) Cement and concrete. (v) Chemicals and petrochemicals. (ix) Iron and steel. (x) Pulp and paper. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000,000, to remain available until expended.

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( iii) Cement and concrete. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. 4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( 4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( ii) Ammonia and fertilizer. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. 4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( 4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( ii) Ammonia and fertilizer. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( iii) Cement and concrete. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. 4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( 4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( ii) Ammonia and fertilizer. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( iii) Cement and concrete. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. 4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( 4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( ii) Ammonia and fertilizer. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( iii) Cement and concrete. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. 4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( B) Certain regions and localities.-- Notwithstanding subparagraph (A), the Secretary may require, for a project that is funded by a grant under this section and that is located in a region or locality described in subsection (b)(2)(F), that not less than 20 percent of the cost of the project be provided by a non-Federal source. (c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( 4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( ii) Ammonia and fertilizer. (

To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants in accordance with this section. (4) Cost share.-- (A) In general.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this subsection. ( c) Coordination With State and Local Programs.--The Secretary shall coordinate implementation of the program established under subsection (a) with programs administered by State governments, local governments, and Indian Tribes designed to provide financial and technical assistance to manufacturers, including the retention and retraining of skilled workers. ( (4) Zero- or low-emission energy-intensive industrial product.--The term ``zero- or low-emission energy-intensive industrial product'' means a product-- (A) the production of which results in significantly less greenhouse gas emissions relative to the production of similar products, as determined by the Secretary; and (B) that is in one of the following manufacturing categories, as determined by the Secretary: (i) Aluminum and other non-ferrous metals. ( iii) Cement and concrete. (

S.4800

International Affairs

John Lewis Civil Rights Fellowship Act of 2022 This bill establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright Educational Exchange Program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and promote studies, research, and international exchange in the subject of nonviolent civil rights movements around the world. The J. William Fulbright Foreign Scholarship Board shall annually select at least 25 qualified individuals when feasible to serve as fellows in the fellowship program. Each fellow shall (1) work in an internship or research position with an approved organization in a country with an operational Fulbright U.S. Student Program, and (2) receive an award sufficient to cover the fellow's reasonable costs during the fellowship period and certain travel and lodging expenses related to the program.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John Lewis Civil Rights Fellowship Act of 2022''. SEC. 2. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the following: ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(a) Establishment.--There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the `Fellowship Program') within the J. William Fulbright Educational Exchange Program. ``(b) Purposes.--The purposes of the Fellowship Program are-- ``(1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and ``(2) to promote studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. The Board may determine the number of fellows selected each year, which shall be not fewer than 25 whenever feasible. ``(2) Outreach.-- ``(A) In general.--The Bureau should conduct outreach at organizations described in subparagraph (B)-- ``(i) to broaden the pool of qualified applicants; and ``(ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. ``(B) Organizations described.--The organizations described in this subparagraph are-- ``(i) minority serving institutions, including historically Black colleges and universities; and ``(ii) other appropriate institutions, as determined by the Board. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(ii) Historically black college and university.--The term `historically Black college and university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(2) Conferences; presentations.--Each fellow shall-- ``(A) before commencing the fellowship, attend a fellowship orientation organized and administered by the Bureau under subsection (e); ``(B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which shall be held in Atlanta, Georgia, or at another location of importance to the civil rights movement in the United States and selected by the Bureau; and ``(C) at such summit, give a presentation on lessons learned during the period of fellowship. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). ``(h) Briefing.--Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including-- ``(1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; ``(2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and ``(3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961. Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''. <all>

John Lewis Civil Rights Fellowship Act of 2022

A bill to establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid-career professionals to study nonviolent movements to establish and protect civil rights around the world.

John Lewis Civil Rights Fellowship Act of 2022

Sen. Hickenlooper, John W.

D

CO

This bill establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright Educational Exchange Program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and promote studies, research, and international exchange in the subject of nonviolent civil rights movements around the world. The J. William Fulbright Foreign Scholarship Board shall annually select at least 25 qualified individuals when feasible to serve as fellows in the fellowship program. Each fellow shall (1) work in an internship or research position with an approved organization in a country with an operational Fulbright U.S. Student Program, and (2) receive an award sufficient to cover the fellow's reasonable costs during the fellowship period and certain travel and lodging expenses related to the program.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. SHORT TITLE. 2. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the following: ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(2) Outreach.-- ``(A) In general.--The Bureau should conduct outreach at organizations described in subparagraph (B)-- ``(i) to broaden the pool of qualified applicants; and ``(ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. ``(B) Organizations described.--The organizations described in this subparagraph are-- ``(i) minority serving institutions, including historically Black colleges and universities; and ``(ii) other appropriate institutions, as determined by the Board. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. 1061). 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(h) Briefing.--Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including-- ``(1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; ``(2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and ``(3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program.''. SEC.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. SHORT TITLE. 2. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the following: ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(B) Organizations described.--The organizations described in this subparagraph are-- ``(i) minority serving institutions, including historically Black colleges and universities; and ``(ii) other appropriate institutions, as determined by the Board. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. 1061). 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(h) Briefing.--Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including-- ``(1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; ``(2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and ``(3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program.''. SEC.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the following: ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. The Board may determine the number of fellows selected each year, which shall be not fewer than 25 whenever feasible. ``(2) Outreach.-- ``(A) In general.--The Bureau should conduct outreach at organizations described in subparagraph (B)-- ``(i) to broaden the pool of qualified applicants; and ``(ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. ``(B) Organizations described.--The organizations described in this subparagraph are-- ``(i) minority serving institutions, including historically Black colleges and universities; and ``(ii) other appropriate institutions, as determined by the Board. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. 1061). ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(2) Conferences; presentations.--Each fellow shall-- ``(A) before commencing the fellowship, attend a fellowship orientation organized and administered by the Bureau under subsection (e); ``(B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which shall be held in Atlanta, Georgia, or at another location of importance to the civil rights movement in the United States and selected by the Bureau; and ``(C) at such summit, give a presentation on lessons learned during the period of fellowship. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). ``(h) Briefing.--Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including-- ``(1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; ``(2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and ``(3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program.''. SEC. TECHNICAL AND CONFORMING AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John Lewis Civil Rights Fellowship Act of 2022''. 2. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the following: ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(a) Establishment.--There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the `Fellowship Program') within the J. William Fulbright Educational Exchange Program. ``(b) Purposes.--The purposes of the Fellowship Program are-- ``(1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and ``(2) to promote studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. The Board may determine the number of fellows selected each year, which shall be not fewer than 25 whenever feasible. ``(2) Outreach.-- ``(A) In general.--The Bureau should conduct outreach at organizations described in subparagraph (B)-- ``(i) to broaden the pool of qualified applicants; and ``(ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. ``(B) Organizations described.--The organizations described in this subparagraph are-- ``(i) minority serving institutions, including historically Black colleges and universities; and ``(ii) other appropriate institutions, as determined by the Board. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(ii) Historically black college and university.--The term `historically Black college and university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(2) Conferences; presentations.--Each fellow shall-- ``(A) before commencing the fellowship, attend a fellowship orientation organized and administered by the Bureau under subsection (e); ``(B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which shall be held in Atlanta, Georgia, or at another location of importance to the civil rights movement in the United States and selected by the Bureau; and ``(C) at such summit, give a presentation on lessons learned during the period of fellowship. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). ``(h) Briefing.--Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including-- ``(1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; ``(2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and ``(3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program.''. SEC. TECHNICAL AND CONFORMING AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961. 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(d) Selection of Fellows.-- ``(1) In general.--The Board shall annually select qualified individuals to participate in the Fellowship Program. ``(iii) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries.''.

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM. ``(c) Administration.--The Bureau of Educational and Cultural Affairs (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. ``(C) Definitions.--In this paragraph: ``(i) Diversity.--The term `diversity' means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(3) Fellowship period.--Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. ``(g) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for-- ``(1) the reasonable costs of the fellow during the fellowship period; and ``(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).

To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid- career professionals to study nonviolent movements to establish and protect civil rights around the world. ``(e) Fellowship Orientation.--Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall-- ``(1) be held in Washington, DC, or at another location selected by the Bureau; and ``(2) include programming to honor the legacy of Representative John Lewis. ``(f) Structure.-- ``(1) Work plan.--To carry out the purposes described in subsection (b)(2)-- ``(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement-- ``(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and ``(ii) in a country with an operational Fulbright U.S. Student Program; and ``(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. 2460(a)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries. ''.

S.3768

Labor and Employment

Training America's Workforce Act This bill requires the Department of Labor to establish a process to identify industry-recognized apprenticeship programs for purposes of the National Apprenticeship Act.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training America's Workforce Act''. SEC. 2. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. The Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq.), is amended-- (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: ``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. ``(a) Definitions.--In this section: ``(1) Industry-recognized apprenticeship program.--The term `industry-recognized apprenticeship program'-- ``(A) means a high-quality, competency-based apprenticeship program that is-- ``(i) recognized by a standards recognition entity; and ``(ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor- management organization (among other entities, as determined appropriate by the Secretary); and ``(B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. ``(2) Secretary.--The term `Secretary' means the Secretary of Labor. ``(3) Standards recognition entity.--The term `standards recognition entity' means a private sector or public sector entity that-- ``(A) is recognized by the Secretary (acting through the Administrator of the Office of Apprenticeship of the Department of Labor) for purposes of recognizing apprenticeship programs as industry- recognized apprenticeship programs; ``(B) has a demonstrated ability to ensure an industry-recognized apprenticeship program meets the standards described in subsection (d); and ``(C) has the capacity to perform the oversight necessary to ensure the ongoing compliance of an industry-recognized apprenticeship program with such standards. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(c) Requirements.--The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential. ``(e) Rule of Construction.--Nothing in this section shall be construed as affecting apprenticeship programs registered under this Act and recognized by the Secretary of Labor.''. <all>

Training America’s Workforce Act

A bill to require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes.

Training America’s Workforce Act

Sen. Thune, John

R

SD

This bill requires the Department of Labor to establish a process to identify industry-recognized apprenticeship programs for purposes of the National Apprenticeship Act.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training America's Workforce Act''. SEC. The Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq. ), is amended-- (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: ``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. ``(a) Definitions.--In this section: ``(1) Industry-recognized apprenticeship program.--The term `industry-recognized apprenticeship program'-- ``(A) means a high-quality, competency-based apprenticeship program that is-- ``(i) recognized by a standards recognition entity; and ``(ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor- management organization (among other entities, as determined appropriate by the Secretary); and ``(B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. ``(2) Secretary.--The term `Secretary' means the Secretary of Labor. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(c) Requirements.--The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential. ``(e) Rule of Construction.--Nothing in this section shall be construed as affecting apprenticeship programs registered under this Act and recognized by the Secretary of Labor.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training America's Workforce Act''. SEC. The Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq. ), is amended-- (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: ``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. ``(a) Definitions.--In this section: ``(1) Industry-recognized apprenticeship program.--The term `industry-recognized apprenticeship program'-- ``(A) means a high-quality, competency-based apprenticeship program that is-- ``(i) recognized by a standards recognition entity; and ``(ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor- management organization (among other entities, as determined appropriate by the Secretary); and ``(B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. ``(2) Secretary.--The term `Secretary' means the Secretary of Labor. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(c) Requirements.--The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training America's Workforce Act''. SEC. 2. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. The Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq.), is amended-- (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: ``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. ``(a) Definitions.--In this section: ``(1) Industry-recognized apprenticeship program.--The term `industry-recognized apprenticeship program'-- ``(A) means a high-quality, competency-based apprenticeship program that is-- ``(i) recognized by a standards recognition entity; and ``(ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor- management organization (among other entities, as determined appropriate by the Secretary); and ``(B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. ``(2) Secretary.--The term `Secretary' means the Secretary of Labor. ``(3) Standards recognition entity.--The term `standards recognition entity' means a private sector or public sector entity that-- ``(A) is recognized by the Secretary (acting through the Administrator of the Office of Apprenticeship of the Department of Labor) for purposes of recognizing apprenticeship programs as industry- recognized apprenticeship programs; ``(B) has a demonstrated ability to ensure an industry-recognized apprenticeship program meets the standards described in subsection (d); and ``(C) has the capacity to perform the oversight necessary to ensure the ongoing compliance of an industry-recognized apprenticeship program with such standards. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(c) Requirements.--The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential. ``(e) Rule of Construction.--Nothing in this section shall be construed as affecting apprenticeship programs registered under this Act and recognized by the Secretary of Labor.''. <all>

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training America's Workforce Act''. SEC. 2. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. The Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq.), is amended-- (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: ``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS. ``(a) Definitions.--In this section: ``(1) Industry-recognized apprenticeship program.--The term `industry-recognized apprenticeship program'-- ``(A) means a high-quality, competency-based apprenticeship program that is-- ``(i) recognized by a standards recognition entity; and ``(ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor- management organization (among other entities, as determined appropriate by the Secretary); and ``(B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. ``(2) Secretary.--The term `Secretary' means the Secretary of Labor. ``(3) Standards recognition entity.--The term `standards recognition entity' means a private sector or public sector entity that-- ``(A) is recognized by the Secretary (acting through the Administrator of the Office of Apprenticeship of the Department of Labor) for purposes of recognizing apprenticeship programs as industry- recognized apprenticeship programs; ``(B) has a demonstrated ability to ensure an industry-recognized apprenticeship program meets the standards described in subsection (d); and ``(C) has the capacity to perform the oversight necessary to ensure the ongoing compliance of an industry-recognized apprenticeship program with such standards. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(c) Requirements.--The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential. ``(e) Rule of Construction.--Nothing in this section shall be construed as affecting apprenticeship programs registered under this Act and recognized by the Secretary of Labor.''. <all>

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1).

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1).

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1).

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1).

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1).

To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes. This Act may be cited as the ``Training America's Workforce Act''. ``(b) Recognition of Industry-Recognized Apprenticeship Programs.-- ``(1) In general.--By not later than 1 year after the date of enactment of the Training America's Workforce Act, the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. ``(2) Limited discretion.--The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). ``(3) Administrative flexibility.--The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. ``(d) Standards.--Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry- recognized apprenticeship program-- ``(1) includes-- ``(A) paid work; ``(B) on-the-job learning; ``(C) a mentorship component; ``(D) education and classroom instruction; ``(E) a written training plan and apprenticeship agreement; and ``(F) safety and supervision components; and ``(2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.

H.R.3015

Crime and Law Enforcement

Raise the Age Act This bill establishes new restrictions on the sale or transfer of certain semiautomatic firearms to individuals under 21 years of age. Specifically, this bill makes it unlawful for a licensed gun dealer, importer, manufacturer, or collector to sell or deliver a semiautomatic center-fire rifle that has (or has the capacity to accept) an ammunition feeding device with a capacity of more than five rounds to an individual who the licensee knows or has reasonable cause to believe is under age 21. The prohibition does not apply if the individual under age 21 is a full-time law enforcement officer or active-duty member of the Armed Forces. The bill also requires the Federal Bureau of Investigation to report on the operation of its public access line, including a description of information sharing protocols and recommendations for improving such protocols.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise the Age Act''. SEC. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. (a) In General.--Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1)(A) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age; ``(B) any semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or ``(C) if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. (b) Conforming Amendment.--Section 922(c)(1) of such title is amended by striking ``in the case of any firearm'' and all that follows through ``eighteen years or more of age'' and inserting ``in the case of a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, I am at least 21 years of age or a qualified individual (as defined in section 921(a)(30) of title 18, United States Code), in the case of a firearm other than a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21 years of age, or that, in the case of a shotgun or a rifle, I am at least 18 years of age''. (c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC ACCESS LINE. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (b) Matters Included.--The report required by subsection (a) shall, at a minimum, include the following: (1) A description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the FBI. (2) Recommendations for improving the protocols and procedures to improve the information-sharing. <all>

Raise the Age Act

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes.

Raise the Age Act

Rep. Brown, Anthony G.

D

MD

This bill establishes new restrictions on the sale or transfer of certain semiautomatic firearms to individuals under 21 years of age. Specifically, this bill makes it unlawful for a licensed gun dealer, importer, manufacturer, or collector to sell or deliver a semiautomatic center-fire rifle that has (or has the capacity to accept) an ammunition feeding device with a capacity of more than five rounds to an individual who the licensee knows or has reasonable cause to believe is under age 21. The prohibition does not apply if the individual under age 21 is a full-time law enforcement officer or active-duty member of the Armed Forces. The bill also requires the Federal Bureau of Investigation to report on the operation of its public access line, including a description of information sharing protocols and recommendations for improving such protocols.

SHORT TITLE. This Act may be cited as the ``Raise the Age Act''. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. (a) In General.--Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1)(A) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age; ``(B) any semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or ``(C) if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. (c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC ACCESS LINE. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (b) Matters Included.--The report required by subsection (a) shall, at a minimum, include the following: (1) A description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the FBI. (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

This Act may be cited as the ``Raise the Age Act''. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. (a) In General.--Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1)(A) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age; ``(B) any semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or ``(C) if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. (c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC ACCESS LINE. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise the Age Act''. SEC. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. (a) In General.--Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1)(A) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age; ``(B) any semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or ``(C) if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. (b) Conforming Amendment.--Section 922(c)(1) of such title is amended by striking ``in the case of any firearm'' and all that follows through ``eighteen years or more of age'' and inserting ``in the case of a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, I am at least 21 years of age or a qualified individual (as defined in section 921(a)(30) of title 18, United States Code), in the case of a firearm other than a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21 years of age, or that, in the case of a shotgun or a rifle, I am at least 18 years of age''. (c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC ACCESS LINE. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (b) Matters Included.--The report required by subsection (a) shall, at a minimum, include the following: (1) A description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the FBI. (2) Recommendations for improving the protocols and procedures to improve the information-sharing. <all>

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise the Age Act''. SEC. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. (a) In General.--Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1)(A) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age; ``(B) any semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or ``(C) if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. (b) Conforming Amendment.--Section 922(c)(1) of such title is amended by striking ``in the case of any firearm'' and all that follows through ``eighteen years or more of age'' and inserting ``in the case of a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, I am at least 21 years of age or a qualified individual (as defined in section 921(a)(30) of title 18, United States Code), in the case of a firearm other than a semiautomatic centerfire rifle that has, or has the capacity to accept, an ammunition feeding device with a capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21 years of age, or that, in the case of a shotgun or a rifle, I am at least 18 years of age''. (c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC ACCESS LINE. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (b) Matters Included.--The report required by subsection (a) shall, at a minimum, include the following: (1) A description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the FBI. (2) Recommendations for improving the protocols and procedures to improve the information-sharing. <all>

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. ( (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. ( (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. ( (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. ( (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. ( (2) Recommendations for improving the protocols and procedures to improve the information-sharing.

To amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions for active duty military personnel and full-time law enforcement officers, and for other purposes. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS. ( c) Qualified Individual Defined.--Section 921(a) of such title is amended by inserting after paragraph (29) the following: ``(30) The term `qualified individual' means-- ``(A) a member of the Armed Forces on active duty; and ``(B) a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm. ``(31) The term `ammunition feeding device' means a magazine, belt, drum, feed strip, or similar device, but does not include an attached tubular device which is only capable of operating with .22 caliber rimfire ammunition.''. a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the ``FBI'') shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI's public access line. (

H.R.4411

Taxation

Upskilling and Retraining Assistance Act This bill increases to $12,000 in 2021-2022, the exclusion from employee gross income, for income tax purposes, of employer-paid educational assistance programs. The bill also expands the exclusion to include amounts paid for education-related tools and technology (e.g., hand tools, computers, software, licensure fees).

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upskilling and Retraining Assistance Act''. SEC. 2. TEMPORARY INCREASE IN EXCLUSION FOR EDUCATIONAL ASSISTANCE PROGRAMS. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. SEC. 3. EXPENSES FOR EDUCATION-RELATED TOOLS AND TECHNOLOGY. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``equipment'' both places it appears in subparagraphs (A) and (C) thereof and inserting ``education-related tools and technology and other equipment''. (b) Education-Related Tools and Technology.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Education-related tools and technology.--For purposes of paragraph (1), the term `education-related tools and technology' includes any-- ``(A) hand tools and construction equipment, ``(B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(C) computer software (as defined in section 197(e)(3)(B)), ``(D) internet access and related services (including equipment or technology necessary for internet access), ``(E) internet, mobile, or virtual reality learning tools and technology, ``(F) licensure fees, materials, or other equipment, and ``(G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program.''. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act. <all>

Upskilling and Retraining Assistance Act

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes.

Upskilling and Retraining Assistance Act

Rep. Davis, Danny K.

D

IL

This bill increases to $12,000 in 2021-2022, the exclusion from employee gross income, for income tax purposes, of employer-paid educational assistance programs. The bill also expands the exclusion to include amounts paid for education-related tools and technology (e.g., hand tools, computers, software, licensure fees).

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upskilling and Retraining Assistance Act''. SEC. 2. TEMPORARY INCREASE IN EXCLUSION FOR EDUCATIONAL ASSISTANCE PROGRAMS. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. SEC. 3. EXPENSES FOR EDUCATION-RELATED TOOLS AND TECHNOLOGY. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``equipment'' both places it appears in subparagraphs (A) and (C) thereof and inserting ``education-related tools and technology and other equipment''. (b) Education-Related Tools and Technology.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Education-related tools and technology.--For purposes of paragraph (1), the term `education-related tools and technology' includes any-- ``(A) hand tools and construction equipment, ``(B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(C) computer software (as defined in section 197(e)(3)(B)), ``(D) internet access and related services (including equipment or technology necessary for internet access), ``(E) internet, mobile, or virtual reality learning tools and technology, ``(F) licensure fees, materials, or other equipment, and ``(G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program.''. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upskilling and Retraining Assistance Act''. 2. TEMPORARY INCREASE IN EXCLUSION FOR EDUCATIONAL ASSISTANCE PROGRAMS. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. SEC. 3. EXPENSES FOR EDUCATION-RELATED TOOLS AND TECHNOLOGY. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``equipment'' both places it appears in subparagraphs (A) and (C) thereof and inserting ``education-related tools and technology and other equipment''. (b) Education-Related Tools and Technology.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Education-related tools and technology.--For purposes of paragraph (1), the term `education-related tools and technology' includes any-- ``(A) hand tools and construction equipment, ``(B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(C) computer software (as defined in section 197(e)(3)(B)), ``(D) internet access and related services (including equipment or technology necessary for internet access), ``(E) internet, mobile, or virtual reality learning tools and technology, ``(F) licensure fees, materials, or other equipment, and ``(G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upskilling and Retraining Assistance Act''. SEC. 2. TEMPORARY INCREASE IN EXCLUSION FOR EDUCATIONAL ASSISTANCE PROGRAMS. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. SEC. 3. EXPENSES FOR EDUCATION-RELATED TOOLS AND TECHNOLOGY. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``equipment'' both places it appears in subparagraphs (A) and (C) thereof and inserting ``education-related tools and technology and other equipment''. (b) Education-Related Tools and Technology.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Education-related tools and technology.--For purposes of paragraph (1), the term `education-related tools and technology' includes any-- ``(A) hand tools and construction equipment, ``(B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(C) computer software (as defined in section 197(e)(3)(B)), ``(D) internet access and related services (including equipment or technology necessary for internet access), ``(E) internet, mobile, or virtual reality learning tools and technology, ``(F) licensure fees, materials, or other equipment, and ``(G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program.''. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upskilling and Retraining Assistance Act''. SEC. 2. TEMPORARY INCREASE IN EXCLUSION FOR EDUCATIONAL ASSISTANCE PROGRAMS. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. SEC. 3. EXPENSES FOR EDUCATION-RELATED TOOLS AND TECHNOLOGY. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``equipment'' both places it appears in subparagraphs (A) and (C) thereof and inserting ``education-related tools and technology and other equipment''. (b) Education-Related Tools and Technology.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Education-related tools and technology.--For purposes of paragraph (1), the term `education-related tools and technology' includes any-- ``(A) hand tools and construction equipment, ``(B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(C) computer software (as defined in section 197(e)(3)(B)), ``(D) internet access and related services (including equipment or technology necessary for internet access), ``(E) internet, mobile, or virtual reality learning tools and technology, ``(F) licensure fees, materials, or other equipment, and ``(G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program.''. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. ( d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. ( d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. ( d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. ( d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. (c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. ( d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes. In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting ``$12,000'' for ``$5,250'' each place it appears. c) Employee Retention of Education-Related Tools and Technology.-- Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``completion of a course of instruction,'' and inserting ``completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)),''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act.

H.R.7079

Taxation

Cut Red Tape For Online Sales Act This bill modifies requirements for third party settlement organizations to eliminate their reporting requirement with respect to the transactions of their participating payees unless they have earned $5,000 or more. A third party settlement organization is the central organization that has the contractual obligation to make payments to participating payees (generally, a merchant or business) in a third party payment network. The bill also requires entities that report income to to issue a plain-language description of the taxability of income reported on Form 1099-K.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Red Tape For Online Sales Act''. SEC. 2. MODIFICATION OF EXCEPTION FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. (b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. SEC. 3. PLAIN LANGUAGE NOTICE TO PAYEES REGARDING FORM 1099-K. (a) In General.--Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: ``(g) Plain Language Description Required.--Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement, either through using a Form or notice issued by the Internal Revenue Service or by providing a written explanation that is substantially similar in content to plain language on the Form or notice issued by the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (c) Establishment of Notice to Taxpayers With Respect to Form 1099- K.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary of the Treasury (or the Secretary's delegate) shall amend Form 1099-K to include, in plain language, a notice with respect to such Form which-- (A) directs payees to refer to the instructions for such Form to determine if a tax return must be filed, (B) summarizes rules for taxability of income reported on such Form, including as to under what circumstances-- (i) income reported on such Form may be subject to tax, and (ii) income from personal items sold at a loss or for no gain may not be subject to tax, and (C) provides a reminder to participating payees that they may qualify for relevant small business deductions. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. (2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. SEC. 4. APPLICATION OF BACKUP WITHOLDING WITH RESPECT TO THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more.--Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if-- ``(A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or ``(B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee.''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. (c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end. <all>

Cut Red Tape For Online Sales Act

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes.

Cut Red Tape For Online Sales Act

Rep. Pappas, Chris

D

NH

This bill modifies requirements for third party settlement organizations to eliminate their reporting requirement with respect to the transactions of their participating payees unless they have earned $5,000 or more. A third party settlement organization is the central organization that has the contractual obligation to make payments to participating payees (generally, a merchant or business) in a third party payment network. The bill also requires entities that report income to to issue a plain-language description of the taxability of income reported on Form 1099-K.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Red Tape For Online Sales Act''. 2. MODIFICATION OF EXCEPTION FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. 3. PLAIN LANGUAGE NOTICE TO PAYEES REGARDING FORM 1099-K. (a) In General.--Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: ``(g) Plain Language Description Required.--Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement, either through using a Form or notice issued by the Internal Revenue Service or by providing a written explanation that is substantially similar in content to plain language on the Form or notice issued by the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. SEC. 4. (a) In General.--Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more.--Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if-- ``(A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or ``(B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Red Tape For Online Sales Act''. 2. MODIFICATION OF EXCEPTION FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. 3. PLAIN LANGUAGE NOTICE TO PAYEES REGARDING FORM 1099-K. (a) In General.--Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: ``(g) Plain Language Description Required.--Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement, either through using a Form or notice issued by the Internal Revenue Service or by providing a written explanation that is substantially similar in content to plain language on the Form or notice issued by the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. SEC. 4. (a) In General.--Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more.--Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if-- ``(A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or ``(B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee.''.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Red Tape For Online Sales Act''. SEC. 2. MODIFICATION OF EXCEPTION FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. (b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. SEC. 3. PLAIN LANGUAGE NOTICE TO PAYEES REGARDING FORM 1099-K. (a) In General.--Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: ``(g) Plain Language Description Required.--Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement, either through using a Form or notice issued by the Internal Revenue Service or by providing a written explanation that is substantially similar in content to plain language on the Form or notice issued by the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (c) Establishment of Notice to Taxpayers With Respect to Form 1099- K.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary of the Treasury (or the Secretary's delegate) shall amend Form 1099-K to include, in plain language, a notice with respect to such Form which-- (A) directs payees to refer to the instructions for such Form to determine if a tax return must be filed, (B) summarizes rules for taxability of income reported on such Form, including as to under what circumstances-- (i) income reported on such Form may be subject to tax, and (ii) income from personal items sold at a loss or for no gain may not be subject to tax, and (C) provides a reminder to participating payees that they may qualify for relevant small business deductions. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. (2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. SEC. 4. APPLICATION OF BACKUP WITHOLDING WITH RESPECT TO THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more.--Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if-- ``(A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or ``(B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee.''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. (c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end. <all>

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Red Tape For Online Sales Act''. SEC. 2. MODIFICATION OF EXCEPTION FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. (b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. SEC. 3. PLAIN LANGUAGE NOTICE TO PAYEES REGARDING FORM 1099-K. (a) In General.--Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: ``(g) Plain Language Description Required.--Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement, either through using a Form or notice issued by the Internal Revenue Service or by providing a written explanation that is substantially similar in content to plain language on the Form or notice issued by the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (c) Establishment of Notice to Taxpayers With Respect to Form 1099- K.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary of the Treasury (or the Secretary's delegate) shall amend Form 1099-K to include, in plain language, a notice with respect to such Form which-- (A) directs payees to refer to the instructions for such Form to determine if a tax return must be filed, (B) summarizes rules for taxability of income reported on such Form, including as to under what circumstances-- (i) income reported on such Form may be subject to tax, and (ii) income from personal items sold at a loss or for no gain may not be subject to tax, and (C) provides a reminder to participating payees that they may qualify for relevant small business deductions. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. (2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. SEC. 4. APPLICATION OF BACKUP WITHOLDING WITH RESPECT TO THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more.--Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if-- ``(A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or ``(B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee.''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. (c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end. <all>

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. ( (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. ( Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( 2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( 2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. ( (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. ( Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( 2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. ( (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. ( Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( 2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. ( (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. ( Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. b) Effective Date.--The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( 2) Regulations and guidance.--The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

To amend the Internal Revenue Code of 1986 to increase the de minimis exception for third party settlement organizations to $5,000, and for other purposes. a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking ``exceed $600'' and inserting ``equal or exceed $5,000''. ( (b) Effective Date.--The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. ( Such notice shall be similar in form to the Notice to Employee included in Form W-2 (as in effect on the date of the enactment of this Act) and shall also be issued as a stand-alone flier. ( b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. ( c) Transitional Rule for 2022.--In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting ``and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200'' before the comma at the end.

H.R.3219

Health

This bill provides additional FY2021 funding for health care providers with high caseloads of Medicaid patients for COVID-19 expenses and lost revenue, including for capital expenses, medical equipment, staffing, and other operational costs. Providers must submit documentation justifying the need for funds, including qualifying expenses and lost revenue. Funds may not be used for expenses or losses that have already been reimbursed or that another source is obligated to reimburse.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR HIGH MEDICAID PROVIDERS RELATING TO COVID-19. (a) Funding.--In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $10,000,000,000 for purposes of making payments to eligible high Medicaid health care providers for health care related expenses and lost revenues that are attributable to COVID-19. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following: (1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID-19 and lost revenues attributable to COVID-19. (2) The tax identification number of the provider. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. (4) Any other information determined appropriate by the Secretary. (c) Limitation.--Payments made to an eligible high Medicaid health care provider under this section may not be used to reimburse any expense or loss that-- (1) has been reimbursed from another source; or (2) another source is obligated to reimburse. (d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. (e) Definitions.--In this section: (1) Eligible high medicaid health care provider.--The term ``eligible high Medicaid health care provider'' means a provider of supplier that-- (A) is enrolled with a State Medicaid plan under title XIX (or a waiver of such plan); (B) provides diagnoses, testing, or care for individuals with possible or actual cases of COVID-19; and (C) is either-- (i) a disproportionate share hospitals described in Section 1923(b) of the Social Security Act; (ii) a children's hospitals described in Section 1886(d)(1)(B)(iii) of the Social Security Act and Section 340E of the Public Health Service Act; (iii) a physician or other practitioner described Section 1903(t)(2) of the Social Security Act (42 U.S.C. 1396b(t)(2)(A)); or (iv) such other providers and suppliers as the Secretary determines should be appropriately considered to be included based on high caseloads of patients eligible under title XIX of the Social Security Act. (2) Health care related expenses attributable to covid- 19.--The term ``health care related expenses attributable to COVID-19'' means health care related expenses to prevent, prepare for, and respond to COVID-19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. (3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. (4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism. <all>

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes.

Rep. Rush, Bobby L.

D

IL

This bill provides additional FY2021 funding for health care providers with high caseloads of Medicaid patients for COVID-19 expenses and lost revenue, including for capital expenses, medical equipment, staffing, and other operational costs. Providers must submit documentation justifying the need for funds, including qualifying expenses and lost revenue. Funds may not be used for expenses or losses that have already been reimbursed or that another source is obligated to reimburse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR HIGH MEDICAID PROVIDERS RELATING TO COVID-19. (a) Funding.--In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $10,000,000,000 for purposes of making payments to eligible high Medicaid health care providers for health care related expenses and lost revenues that are attributable to COVID-19. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following: (1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID-19 and lost revenues attributable to COVID-19. (2) The tax identification number of the provider. (4) Any other information determined appropriate by the Secretary. (c) Limitation.--Payments made to an eligible high Medicaid health care provider under this section may not be used to reimburse any expense or loss that-- (1) has been reimbursed from another source; or (2) another source is obligated to reimburse. (d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 1396b(t)(2)(A)); or (iv) such other providers and suppliers as the Secretary determines should be appropriately considered to be included based on high caseloads of patients eligible under title XIX of the Social Security Act. (2) Health care related expenses attributable to covid- 19.--The term ``health care related expenses attributable to COVID-19'' means health care related expenses to prevent, prepare for, and respond to COVID-19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. (3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR HIGH MEDICAID PROVIDERS RELATING TO COVID-19. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following: (1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID-19 and lost revenues attributable to COVID-19. (4) Any other information determined appropriate by the Secretary. (c) Limitation.--Payments made to an eligible high Medicaid health care provider under this section may not be used to reimburse any expense or loss that-- (1) has been reimbursed from another source; or (2) another source is obligated to reimburse. (d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 1396b(t)(2)(A)); or (iv) such other providers and suppliers as the Secretary determines should be appropriately considered to be included based on high caseloads of patients eligible under title XIX of the Social Security Act. (3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR HIGH MEDICAID PROVIDERS RELATING TO COVID-19. (a) Funding.--In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $10,000,000,000 for purposes of making payments to eligible high Medicaid health care providers for health care related expenses and lost revenues that are attributable to COVID-19. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following: (1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID-19 and lost revenues attributable to COVID-19. (2) The tax identification number of the provider. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. (4) Any other information determined appropriate by the Secretary. (c) Limitation.--Payments made to an eligible high Medicaid health care provider under this section may not be used to reimburse any expense or loss that-- (1) has been reimbursed from another source; or (2) another source is obligated to reimburse. (d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. (e) Definitions.--In this section: (1) Eligible high medicaid health care provider.--The term ``eligible high Medicaid health care provider'' means a provider of supplier that-- (A) is enrolled with a State Medicaid plan under title XIX (or a waiver of such plan); (B) provides diagnoses, testing, or care for individuals with possible or actual cases of COVID-19; and (C) is either-- (i) a disproportionate share hospitals described in Section 1923(b) of the Social Security Act; (ii) a children's hospitals described in Section 1886(d)(1)(B)(iii) of the Social Security Act and Section 340E of the Public Health Service Act; (iii) a physician or other practitioner described Section 1903(t)(2) of the Social Security Act (42 U.S.C. 1396b(t)(2)(A)); or (iv) such other providers and suppliers as the Secretary determines should be appropriately considered to be included based on high caseloads of patients eligible under title XIX of the Social Security Act. (2) Health care related expenses attributable to covid- 19.--The term ``health care related expenses attributable to COVID-19'' means health care related expenses to prevent, prepare for, and respond to COVID-19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. (3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. (4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism. <all>

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR HIGH MEDICAID PROVIDERS RELATING TO COVID-19. (a) Funding.--In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $10,000,000,000 for purposes of making payments to eligible high Medicaid health care providers for health care related expenses and lost revenues that are attributable to COVID-19. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following: (1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID-19 and lost revenues attributable to COVID-19. (2) The tax identification number of the provider. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. (4) Any other information determined appropriate by the Secretary. (c) Limitation.--Payments made to an eligible high Medicaid health care provider under this section may not be used to reimburse any expense or loss that-- (1) has been reimbursed from another source; or (2) another source is obligated to reimburse. (d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. (e) Definitions.--In this section: (1) Eligible high medicaid health care provider.--The term ``eligible high Medicaid health care provider'' means a provider of supplier that-- (A) is enrolled with a State Medicaid plan under title XIX (or a waiver of such plan); (B) provides diagnoses, testing, or care for individuals with possible or actual cases of COVID-19; and (C) is either-- (i) a disproportionate share hospitals described in Section 1923(b) of the Social Security Act; (ii) a children's hospitals described in Section 1886(d)(1)(B)(iii) of the Social Security Act and Section 340E of the Public Health Service Act; (iii) a physician or other practitioner described Section 1903(t)(2) of the Social Security Act (42 U.S.C. 1396b(t)(2)(A)); or (iv) such other providers and suppliers as the Secretary determines should be appropriately considered to be included based on high caseloads of patients eligible under title XIX of the Social Security Act. (2) Health care related expenses attributable to covid- 19.--The term ``health care related expenses attributable to COVID-19'' means health care related expenses to prevent, prepare for, and respond to COVID-19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. (3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. (4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism. <all>

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ( d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. 2) The tax identification number of the provider. ( 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. 2) The tax identification number of the provider. ( 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ( d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. 2) The tax identification number of the provider. ( 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ( d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. 2) The tax identification number of the provider. ( 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ( d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. 2) The tax identification number of the provider. ( 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes. b) Application Requirement.--To be eligible for a payment under this section, an eligible high Medicaid health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. (3) Such assurances as the Secretary determines appropriate that the eligible high Medicaid health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ( d) Application of Requirements, Rules, and Procedures.--The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. 3) Lost revenue attributable to covid-19.--The term ``lost revenue attributable to COVID-19'' has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider's budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ( 4) Payment.--The term ``payment'' includes, as determined appropriate by the Secretary, a prepayment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.

S.227

Energy

Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021 This bill establishes programs and requirements to expand access to renewable fuel. Specifically, the U.S. Department of Agriculture must establish a program to award grants for the deployment of renewable fuel infrastructure as specified by this bill. In addition, the Environmental Protection Agency (EPA) must finalize a 2021 proposed rule titled E 15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks. When finalizing the rule, the EPA must eliminate the labeling requirements for fuel pumps that dispense E 15 fuel (i.e., gasoline that contains 15% ethanol).

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021''. SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT PROGRAM. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a Tribal government; ``(3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and ``(4) a group of entities described in paragraphs (1) through (3). ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(c) Applications.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Eligibility Criteria.--In selecting an eligible entity to receive a grant under this section, the Secretary shall consider the extent to which the application of the eligible entity proposes-- ``(1) to convert existing pump infrastructure to deliver ethanol blends with greater than 10 percent ethanol; ``(2) to diversify the geographic area selling ethanol blends with greater than 10 percent ethanol; ``(3) to support existing or emerging biodiesel, bioheat, and sustainable aviation fuel markets that have existing incentives; ``(4) to increase the use of existing fuel delivery infrastructure; ``(5) to enable or accelerate the deployment of renewable fuel infrastructure that would be unlikely to be completed without Federal assistance; and ``(6) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities-- ``(A) to blend biodiesel; and ``(B) to carry ethanol and biodiesel. ``(e) Eligible Use.--An eligible entity that receives a grant under this section may use the grant funds-- ``(1) to distribute to private or public entities for costs related to incentivizing deployment of renewable fuel infrastructure; ``(2) to convert existing pump infrastructure to deliver ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent; ``(3) to install fuel pumps and related infrastructure dedicated to the distribution of higher ethanol blends (including E15 and E85) and higher biodiesel blends up to B100 at fueling locations, including-- ``(A) local fueling stations; ``(B) convenience stores; ``(C) hypermarket fueling stations; and ``(D) fleet facilities or similar entities; and ``(4) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities-- ``(A) to blend biodiesel; and ``(B) to carry ethanol and biodiesel. ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(2) Maximum percentage for certain activities.--An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed-- ``(A) 75 percent of the per pump cost for-- ``(i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and ``(ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); ``(B) 50 percent of the terminal cost for terminals with B100 capabilities; or ``(C) 25 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING REQUIREMENTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COMPATIBILITY REQUIREMENTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to parts 280 and 281 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (c) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). <all>

Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021

A bill to amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes.

Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021

Sen. Klobuchar, Amy

D

MN

This bill establishes programs and requirements to expand access to renewable fuel. Specifically, the U.S. Department of Agriculture must establish a program to award grants for the deployment of renewable fuel infrastructure as specified by this bill. In addition, the Environmental Protection Agency (EPA) must finalize a 2021 proposed rule titled E 15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks. When finalizing the rule, the EPA must eliminate the labeling requirements for fuel pumps that dispense E 15 fuel (i.e., gasoline that contains 15% ethanol).

SHORT TITLE. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a Tribal government; ``(3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and ``(4) a group of entities described in paragraphs (1) through (3). ``(2) Maximum percentage for certain activities.--An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed-- ``(A) 75 percent of the per pump cost for-- ``(i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and ``(ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); ``(B) 50 percent of the terminal cost for terminals with B100 capabilities; or ``(C) 25 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 3. (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). SEC. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures.

SHORT TITLE. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a Tribal government; ``(3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and ``(4) a group of entities described in paragraphs (1) through (3). ``(2) Maximum percentage for certain activities.--An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed-- ``(A) 75 percent of the per pump cost for-- ``(i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and ``(ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); ``(B) 50 percent of the terminal cost for terminals with B100 capabilities; or ``(C) 25 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. 3. (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). SEC. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021''. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT PROGRAM. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a Tribal government; ``(3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and ``(4) a group of entities described in paragraphs (1) through (3). ``(c) Applications.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Eligible Use.--An eligible entity that receives a grant under this section may use the grant funds-- ``(1) to distribute to private or public entities for costs related to incentivizing deployment of renewable fuel infrastructure; ``(2) to convert existing pump infrastructure to deliver ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent; ``(3) to install fuel pumps and related infrastructure dedicated to the distribution of higher ethanol blends (including E15 and E85) and higher biodiesel blends up to B100 at fueling locations, including-- ``(A) local fueling stations; ``(B) convenience stores; ``(C) hypermarket fueling stations; and ``(D) fleet facilities or similar entities; and ``(4) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities-- ``(A) to blend biodiesel; and ``(B) to carry ethanol and biodiesel. ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(2) Maximum percentage for certain activities.--An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed-- ``(A) 75 percent of the per pump cost for-- ``(i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and ``(ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); ``(B) 50 percent of the terminal cost for terminals with B100 capabilities; or ``(C) 25 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 3. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). SEC. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Infrastructure Investment and Market Expansion Act of 2021''. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL INFRASTRUCTURE. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT PROGRAM. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a Tribal government; ``(3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and ``(4) a group of entities described in paragraphs (1) through (3). ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(c) Applications.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Eligibility Criteria.--In selecting an eligible entity to receive a grant under this section, the Secretary shall consider the extent to which the application of the eligible entity proposes-- ``(1) to convert existing pump infrastructure to deliver ethanol blends with greater than 10 percent ethanol; ``(2) to diversify the geographic area selling ethanol blends with greater than 10 percent ethanol; ``(3) to support existing or emerging biodiesel, bioheat, and sustainable aviation fuel markets that have existing incentives; ``(4) to increase the use of existing fuel delivery infrastructure; ``(5) to enable or accelerate the deployment of renewable fuel infrastructure that would be unlikely to be completed without Federal assistance; and ``(6) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities-- ``(A) to blend biodiesel; and ``(B) to carry ethanol and biodiesel. ``(e) Eligible Use.--An eligible entity that receives a grant under this section may use the grant funds-- ``(1) to distribute to private or public entities for costs related to incentivizing deployment of renewable fuel infrastructure; ``(2) to convert existing pump infrastructure to deliver ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent; ``(3) to install fuel pumps and related infrastructure dedicated to the distribution of higher ethanol blends (including E15 and E85) and higher biodiesel blends up to B100 at fueling locations, including-- ``(A) local fueling stations; ``(B) convenience stores; ``(C) hypermarket fueling stations; and ``(D) fleet facilities or similar entities; and ``(4) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities-- ``(A) to blend biodiesel; and ``(B) to carry ethanol and biodiesel. ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(2) Maximum percentage for certain activities.--An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed-- ``(A) 75 percent of the per pump cost for-- ``(i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and ``(ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); ``(B) 50 percent of the terminal cost for terminals with B100 capabilities; or ``(C) 25 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 3. REPEAL OF E15 FUEL DISPENSER LABELING REQUIREMENTS. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). SEC. UPDATES TO UNDERGROUND STORAGE TANK COMPATIBILITY REQUIREMENTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall finalize the proposed rule of the Administrator entitled ``E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks'' (86 Fed. Reg. (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures.

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. ( c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). ( 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to parts 280 and 281 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. ( c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). ( 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to parts 280 and 281 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. ( c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). ( 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to parts 280 and 281 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to part 80 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. ( c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). ( 5094 (January 19, 2021)) with respect to the amendments proposed to be made by that rule to parts 280 and 281 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (e). ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. ``(g) Funding.-- ``(1) Federal share.--The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.''. c) Collaboration.--In carrying out this section, the Administrator shall collaborate with the Chair of the Federal Trade Commission to harmonize the rule required under subsection (a) with related automotive fuel rating labeling requirements under section 306.10 of title 16, Code of Federal Regulations (or successor regulations). (d) Report.--Not later than 180 days after the Administrator finalizes the rule required under subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report that summarizes the major activities taken to carry out subsections (a) and (b). b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes. ``(f) Certification Requirement.--Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. (b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) eliminates the E15 labeling requirement; (2) is published in the Federal Register; and (3) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. ( b) Requirements.--In carrying out subsection (a), the Administrator shall ensure that the final rule required under that subsection-- (1) is published in the Federal Register; and (2) is, to the extent practicable, in compliance with all applicable provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') and all other provisions of law relating to rulemaking procedures. (

S.1725

Native Americans

This bill grants a federal charter to the National American Indian Veterans Inc., which is a nonprofit corporation organized in the United States.

To grant a Federal charter to the National American Indian Veterans, Incorporated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED. (a) In General.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED ``Sec. ``150401. Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Officers. ``150406. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. Restrictions. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. ``Sec. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. ``Sec. 150402. Purposes ``The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment-- ``(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; ``(2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; ``(3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; ``(4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; ``(5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; ``(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and ``(7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by-- ``(A) providing outreach service to Indian Tribes in need; and ``(B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. ``Sec. 150403. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. ``Sec. 150404. Board of directors ``Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. ``Sec. 150405. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. ``Sec. 150406. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``Sec. 150407. Powers ``The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. ``Sec. 150408. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Effect.--Nothing in this section interferes or conflicts with any established or vested rights. ``Sec. 150409. Restrictions ``(a) Stock and Dividends.--The corporation may not-- ``(1) issue any shares of stock; or ``(2) declare or pay any dividends. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. ``(2) Effect.--Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make any loan to any officer, director, member, or employee of the corporation. ``(d) No Federal Endorsement.--The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. ``Sec. 150410. Duty to maintain tax-exempt status ``The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. ``Sec. 150411. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. ``(b) Inspection.-- ``(1) In general.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. ``(2) Effect.--Nothing in this section contravenes-- ``(A) the laws of the jurisdiction under which the corporation is incorporated; or ``(B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. ``Sec. 150412. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. ``Sec. 150413. Liability for acts of officers and agents ``The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. ``Sec. 150414. Failure to comply with requirements ``If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. ``Sec. 150415. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. ``(b) Submittal Date.--Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. National American Indian Veterans, Incorporated..... 150401''. Passed the Senate November 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1725 _______________________________________________________________________

A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.

A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.

Official Titles - Senate Official Title as Introduced A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.

Sen. Rounds, Mike

R

SD

This bill grants a federal charter to the National American Indian Veterans Inc., which is a nonprofit corporation organized in the United States.

Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. ``(b) Effect.--Nothing in this section interferes or conflicts with any established or vested rights. Restrictions ``(a) Stock and Dividends.--The corporation may not-- ``(1) issue any shares of stock; or ``(2) declare or pay any dividends. ``(d) No Federal Endorsement.--The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. ``(b) Inspection.-- ``(1) In general.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. ``Sec. ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. National American Indian Veterans, Incorporated..... 150401''. Passed the Senate November 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1725 _______________________________________________________________________

Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. ``(b) Effect.--Nothing in this section interferes or conflicts with any established or vested rights. Restrictions ``(a) Stock and Dividends.--The corporation may not-- ``(1) issue any shares of stock; or ``(2) declare or pay any dividends. ``(d) No Federal Endorsement.--The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. ``(b) Inspection.-- ``(1) In general.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. ``Sec. ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. National American Indian Veterans, Incorporated..... 150401''. Passed the Senate November 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1725 _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. Purposes ``The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment-- ``(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; ``(2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; ``(3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; ``(4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; ``(5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; ``(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and ``(7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by-- ``(A) providing outreach service to Indian Tribes in need; and ``(B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Effect.--Nothing in this section interferes or conflicts with any established or vested rights. Restrictions ``(a) Stock and Dividends.--The corporation may not-- ``(1) issue any shares of stock; or ``(2) declare or pay any dividends. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. ``(2) Effect.--Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make any loan to any officer, director, member, or employee of the corporation. ``(d) No Federal Endorsement.--The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. ``(b) Inspection.-- ``(1) In general.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. ``(2) Effect.--Nothing in this section contravenes-- ``(A) the laws of the jurisdiction under which the corporation is incorporated; or ``(B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. ``Sec. ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. National American Indian Veterans, Incorporated..... 150401''. Passed the Senate November 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1725 _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED. Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Purposes ``The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment-- ``(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; ``(2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; ``(3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; ``(4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; ``(5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; ``(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and ``(7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by-- ``(A) providing outreach service to Indian Tribes in need; and ``(B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Effect.--Nothing in this section interferes or conflicts with any established or vested rights. Restrictions ``(a) Stock and Dividends.--The corporation may not-- ``(1) issue any shares of stock; or ``(2) declare or pay any dividends. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. ``(2) Effect.--Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make any loan to any officer, director, member, or employee of the corporation. ``(d) No Federal Endorsement.--The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. Duty to maintain tax-exempt status ``The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. ``(b) Inspection.-- ``(1) In general.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. ``(2) Effect.--Nothing in this section contravenes-- ``(A) the laws of the jurisdiction under which the corporation is incorporated; or ``(B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. Liability for acts of officers and agents ``The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. ``Sec. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. ``(b) Submittal Date.--Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. National American Indian Veterans, Incorporated..... 150401''. Passed the Senate November 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1725 _______________________________________________________________________

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. Failure to comply with requirements ``If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. Passed the Senate November 17, 2022.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. Passed the Senate November 17, 2022.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. Failure to comply with requirements ``If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. Passed the Senate November 17, 2022.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. Failure to comply with requirements ``If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. Passed the Senate November 17, 2022.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. Failure to comply with requirements ``If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. Annual report ``(a) In General.--The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.

To grant a Federal charter to the National American Indian Veterans, Incorporated. 150401 Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the `corporation'), is a federally chartered corporation. Membership ``Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``(b) Distribution of Income or Assets.-- ``(1) In general.--The income or assets of the corporation may not-- ``(A) inure to any person who is a member, officer, or director of the corporation; or ``(B) be distributed to any such person during the life of the charter granted by this chapter. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. (b) Clerical Amendment.--The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: ``1504. Passed the Senate November 17, 2022.

To grant a Federal charter to the National American Indian Veterans, Incorporated. Officers ``Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and ``(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. Service of process ``With respect to service of process, the corporation shall comply with the laws of-- ``(1) the jurisdiction under which the corporation is incorporated; and ``(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.

S.2705

Native Americans

Tribal Wildlife Corridors Act of 2021 This bill authorizes tribal wildlife corridors. Specifically, the bill permits an Indian tribe to nominate a corridor within the land of such tribe as a tribal wildlife corridor. The Department of the Interior must establish criteria for determining whether such a corridor qualifies as a tribal wildlife corridor, including criteria for restoring historical habitat. Interior must provide tribes with technical assistance to establish, manage, or expand a tribal wildlife corridor. Such assistance must include support with accessing wildlife data and working with voluntary private landowners to access programs for facilitating connectivity on nonfederal land. Additionally, Interior must (1) establish a program to award grants to tribes to increase connectivity through tribal wildlife corridors, and (2) consult with tribes to determine whether a tribal wildlife corridor may be expanded into public lands or otherwise benefit connectivity between public lands and such corridor.

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Wildlife Corridors Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. SEC. 3. TRIBAL WILDLIFE CORRIDORS. (a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination.--Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. (2) Criteria.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall establish criteria for determining whether a corridor nominated by an Indian Tribe under paragraph (1)(A) qualifies as a Tribal Wildlife Corridor. (B) Inclusions.--The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (ii) The management of land for the purposes of facilitating connectivity. (iii) The management of land to prevent the imposition of barriers that may hinder current or future connectivity. (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. (B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of Land Use Plans.--Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021.''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. (c) Technical Assistance.--The Secretary shall provide to Indian Tribes technical assistance relating to the establishment, management, and expansion of a Tribal Wildlife Corridor, including assistance with accessing wildlife data and working with voluntary private landowners to access Federal and State programs to improve wildlife habitat and connectivity on non-Federal land. (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings Clause.--Nothing in this section authorizes or affects the use of private property or Indian land. SEC. 4. PROTECTION OF INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act.-- (1) Exemption.--Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may-- (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). <all>

Tribal Wildlife Corridors Act of 2021

A bill to require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes.

Tribal Wildlife Corridors Act of 2021

Sen. Lujan, Ben Ray

D

NM

This bill authorizes tribal wildlife corridors. Specifically, the bill permits an Indian tribe to nominate a corridor within the land of such tribe as a tribal wildlife corridor. The Department of the Interior must establish criteria for determining whether such a corridor qualifies as a tribal wildlife corridor, including criteria for restoring historical habitat. Interior must provide tribes with technical assistance to establish, manage, or expand a tribal wildlife corridor. Such assistance must include support with accessing wildlife data and working with voluntary private landowners to access programs for facilitating connectivity on nonfederal land. Additionally, Interior must (1) establish a program to award grants to tribes to increase connectivity through tribal wildlife corridors, and (2) consult with tribes to determine whether a tribal wildlife corridor may be expanded into public lands or otherwise benefit connectivity between public lands and such corridor.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. 3. TRIBAL WILDLIFE CORRIDORS. (B) Determination.--Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (B) Inclusions.--The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (iii) The management of land to prevent the imposition of barriers that may hinder current or future connectivity. (B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of Land Use Plans.--Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings Clause.--Nothing in this section authorizes or affects the use of private property or Indian land. SEC. 4. PROTECTION OF INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act.-- (1) Exemption.--Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may-- (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. 3001 et seq.).

2. DEFINITIONS. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. 3. TRIBAL WILDLIFE CORRIDORS. (B) Determination.--Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (B) Inclusions.--The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of Land Use Plans.--Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings Clause.--Nothing in this section authorizes or affects the use of private property or Indian land. SEC. 4. PROTECTION OF INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act.-- (1) Exemption.--Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may-- (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. 3001 et seq.).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. 3. TRIBAL WILDLIFE CORRIDORS. (a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination.--Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. (B) Inclusions.--The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (iii) The management of land to prevent the imposition of barriers that may hinder current or future connectivity. (B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of Land Use Plans.--Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. (c) Technical Assistance.--The Secretary shall provide to Indian Tribes technical assistance relating to the establishment, management, and expansion of a Tribal Wildlife Corridor, including assistance with accessing wildlife data and working with voluntary private landowners to access Federal and State programs to improve wildlife habitat and connectivity on non-Federal land. (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings Clause.--Nothing in this section authorizes or affects the use of private property or Indian land. SEC. 4. PROTECTION OF INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act.-- (1) Exemption.--Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may-- (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Wildlife Corridors Act of 2021''. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. 3. TRIBAL WILDLIFE CORRIDORS. (a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination.--Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. (2) Criteria.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall establish criteria for determining whether a corridor nominated by an Indian Tribe under paragraph (1)(A) qualifies as a Tribal Wildlife Corridor. (B) Inclusions.--The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (ii) The management of land for the purposes of facilitating connectivity. (iii) The management of land to prevent the imposition of barriers that may hinder current or future connectivity. (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. (B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of Land Use Plans.--Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. (c) Technical Assistance.--The Secretary shall provide to Indian Tribes technical assistance relating to the establishment, management, and expansion of a Tribal Wildlife Corridor, including assistance with accessing wildlife data and working with voluntary private landowners to access Federal and State programs to improve wildlife habitat and connectivity on non-Federal land. (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings Clause.--Nothing in this section authorizes or affects the use of private property or Indian land. SEC. 4. PROTECTION OF INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act.-- (1) Exemption.--Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may-- (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). ( 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. ( a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. ( (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. TRIBAL WILDLIFE CORRIDORS. ( C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. ( and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. TRIBAL WILDLIFE CORRIDORS. ( C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. ( and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). ( 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. ( a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. ( (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. TRIBAL WILDLIFE CORRIDORS. ( C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. ( and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). ( 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. ( a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. ( (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. TRIBAL WILDLIFE CORRIDORS. ( C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. ( and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( B) Effect of removal.--An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). ( 1712) is amended-- (1) in subsection (b)-- (A) by striking ``Indian tribes by'' and inserting the following: ``Indian Tribes-- ``(1) by''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021. ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (d) Availability of Assistance.-- (1) Tribal wildlife corridors grant program.-- (A) Establishment.--The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the ``program'') to encourage wildlife movement in accordance with this section. ( a) Federal Trust Responsibility.--Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. ( (2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. TRIBAL WILDLIFE CORRIDORS. ( C) Publication.--On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. ( (3) Removal.-- (A) In general.--An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. ( and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( (B) Grants.--Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. a) Establishment.-- (1) In general.-- (A) Nominations.--An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( ( ''; and (2) by adding at the end the following: ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021, the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can-- ``(1) be expanded into public lands; or ``(2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor.''. ( ( 2) Information described.--Information referred to in paragraph (1) is information received by a Federal agency-- (A) pursuant to this Act or an amendment made by this Act relating to-- (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long- established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq. ).

H.R.249

Labor and Employment

Protecting Federal Workers Act This bill nullifies certain executive orders concerning federal-employee collective bargaining, classifications, and training. Specifically, it rescinds orders and a memorandum that

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. (3) The current administration has acted through Executive orders and official memorandums to dismantle Federal unions and undermine their collective bargaining rights across the Federal workforce and these directives have already negatively impacted labor contracts, both signed and under active negotiation. (4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (2) Executive Order 13836 (relating to Federal collective bargaining). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (5) Executive Order 13957 (relating to schedule F in the excepted service). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020. <all>

Protecting Federal Workers Act

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes.

Protecting Federal Workers Act

Rep. Kilmer, Derek

D

WA

This bill nullifies certain executive orders concerning federal-employee collective bargaining, classifications, and training. Specifically, it rescinds orders and a memorandum that

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. (3) The current administration has acted through Executive orders and official memorandums to dismantle Federal unions and undermine their collective bargaining rights across the Federal workforce and these directives have already negatively impacted labor contracts, both signed and under active negotiation. (4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (2) Executive Order 13836 (relating to Federal collective bargaining). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (5) Executive Order 13957 (relating to schedule F in the excepted service). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. (3) The current administration has acted through Executive orders and official memorandums to dismantle Federal unions and undermine their collective bargaining rights across the Federal workforce and these directives have already negatively impacted labor contracts, both signed and under active negotiation. (4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (2) Executive Order 13836 (relating to Federal collective bargaining). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (5) Executive Order 13957 (relating to schedule F in the excepted service). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020. <all>

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. (3) The current administration has acted through Executive orders and official memorandums to dismantle Federal unions and undermine their collective bargaining rights across the Federal workforce and these directives have already negatively impacted labor contracts, both signed and under active negotiation. (4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (2) Executive Order 13836 (relating to Federal collective bargaining). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (5) Executive Order 13957 (relating to schedule F in the excepted service). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020. <all>

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). ( 6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. 5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). (

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. 5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). (

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). ( 6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. 5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). (

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). ( 6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. 5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). (

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). ( 6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. 5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). (

To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. 4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. 3) Executive Order 13839 (relating to the Merit Systems Protection Board). ( 6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020.

S.4671

Finance and Financial Sector

Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022 or the GREEN Appraisals Act of 2022 This bill requires lenders that originate federally backed residential mortgages to notify borrowers of their right to request an energy report concerning the property. The bill also requires, upon consent of the borrower, the lender to provide to an appraiser any available energy report concerning the property. The appraiser must take this report into consideration when appraising the value of the property.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022'' or the ``GREEN Appraisals Act of 2022''. SEC. 2. GETTING RENEWABLE AND ENERGY EFFICIENT NEIGHBORHOODS ACCURATE ENERGY APPRAISALS. (a) Disclosure.--The head of each covered agency shall require that any creditor to which an application for a covered loan is made shall provide to the borrower, on the same date that the creditor delivers or places in the mail the disclosures described under section 1026.19(e)(1)(iii)(A) of title 12, Code of Federal Regulations, for such loan, a written disclosure that includes the following: (1) A statement that the prospective borrower or current homeowner may provide an energy report, or any information in such report, regarding the property subject to the covered loan to the creditor or to a qualified appraiser or other interested party for consideration during a home appraisal or application for a covered loan. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. (4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. (b) Required Analysis.--In connection with a covered loan, the creditor under such loan shall, in underwriting the loan, use the appraised value of the subject property value as determined by a qualified appraiser. The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. (c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. (e) Portability.--Upon the request of a prospective borrower under a covered loan, the creditor shall provide a copy of an energy report with respect to the property, at no cost, to the prospective borrower. (f) Guidance.-- (1) In general.--The heads of the covered agencies, after consultation with the advisory committee established pursuant to paragraph (2), shall jointly prescribe guidance for creditors to implement this section which-- (A) shall confirm the acceptance, by each of the covered agencies, of all applicable approaches to value utilized by appraisers to demonstrate market reaction to energy efficiency and renewable energy; (B) shall set forth procedures for consumer disclosures, the preparation and sharing of energy reports, and the provision of the reports to qualified appraisers; and (C) shall not provide for how an appraiser shall consider information in an energy report. (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. (3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). (g) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means-- (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); except that any requirement imposed by this section on such Agency or the Director of such Agency shall be treated as a requirement with respect to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to be imposed and enforced pursuant to the authority of such Director and Agency to supervise and regulate such enterprises; (C) the Government National Mortgage Association; (D) the Rural Housing Service of the Department of Agriculture; and (E) the Department of Veterans Affairs. (2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. (3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (4) Energy report.--The term ``energy report'' means, with respect to a property, an analysis that-- (A)(i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted-- (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy's Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy. (5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment. <all>

GREEN Appraisals Act of 2022

A bill to provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes.

GREEN Appraisals Act of 2022 Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022

Sen. Bennet, Michael F.

D

CO

This bill requires lenders that originate federally backed residential mortgages to notify borrowers of their right to request an energy report concerning the property. The bill also requires, upon consent of the borrower, the lender to provide to an appraiser any available energy report concerning the property. The appraiser must take this report into consideration when appraising the value of the property.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022'' or the ``GREEN Appraisals Act of 2022''. SEC. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. (3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). (g) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means-- (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. (3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (4) Energy report.--The term ``energy report'' means, with respect to a property, an analysis that-- (A)(i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted-- (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy's Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. SHORT TITLE. This Act may be cited as the ``Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022'' or the ``GREEN Appraisals Act of 2022''. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. (g) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means-- (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. (3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (4) Energy report.--The term ``energy report'' means, with respect to a property, an analysis that-- (A)(i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted-- (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy's Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022'' or the ``GREEN Appraisals Act of 2022''. SEC. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. (3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). (g) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means-- (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); except that any requirement imposed by this section on such Agency or the Director of such Agency shall be treated as a requirement with respect to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to be imposed and enforced pursuant to the authority of such Director and Agency to supervise and regulate such enterprises; (C) the Government National Mortgage Association; (D) the Rural Housing Service of the Department of Agriculture; and (E) the Department of Veterans Affairs. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. (3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (4) Energy report.--The term ``energy report'' means, with respect to a property, an analysis that-- (A)(i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted-- (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy's Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022'' or the ``GREEN Appraisals Act of 2022''. SEC. (a) Disclosure.--The head of each covered agency shall require that any creditor to which an application for a covered loan is made shall provide to the borrower, on the same date that the creditor delivers or places in the mail the disclosures described under section 1026.19(e)(1)(iii)(A) of title 12, Code of Federal Regulations, for such loan, a written disclosure that includes the following: (1) A statement that the prospective borrower or current homeowner may provide an energy report, or any information in such report, regarding the property subject to the covered loan to the creditor or to a qualified appraiser or other interested party for consideration during a home appraisal or application for a covered loan. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. (3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). (g) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means-- (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); except that any requirement imposed by this section on such Agency or the Director of such Agency shall be treated as a requirement with respect to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to be imposed and enforced pursuant to the authority of such Director and Agency to supervise and regulate such enterprises; (C) the Government National Mortgage Association; (D) the Rural Housing Service of the Department of Agriculture; and (E) the Department of Veterans Affairs. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. (3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (4) Energy report.--The term ``energy report'' means, with respect to a property, an analysis that-- (A)(i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted-- (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy's Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( 4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. ( (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. ( 2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). 2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. ( 3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. ( c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. ( (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). ( 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. ( 6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. ( c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. ( (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). ( 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. ( 6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( 4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. ( (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. ( 2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). 2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. ( 3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. ( c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. ( (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). ( 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. ( 6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( 4) A statement that, as with any other data considered by the appraiser that affects the appraiser's opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. ( (d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. ( 2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). 2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. ( 3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602). 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. (6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. 3) A statement that, in developing an appraisal in connection with such covered loan-- (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers' final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. ( The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. ( c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. ( (2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 3) Systems requirements.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). ( 5) HERS.--The term ``HERS'' means the Home Energy Rating System of the Residential Energy Service Network. ( 6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. ( 2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. ( 3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602).

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. c) Consideration of Energy Characteristics.--On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower's consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. ( ( ( 6) Qualified appraiser.--The term ``qualified appraiser'' means an appraiser who, with respect to the assignment to conduct an appraisal-- (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment.

To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes. d) Consideration of Information.--A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration-- (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. ( 2) Advisory committee.--The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. ( 2) Covered loan.--The term ``covered loan'' means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. ( 3) Creditor.--The term ``creditor'' has the meaning given such term in section 103 of the Truth in Lending Act (15 U.S.C. 1602).

S.4730

Agriculture and Food

National Innovation and Modern Skills Training Act of 2022 This bill directs the Department of Agriculture to establish a pilot program to provide competitive grants to land-grant colleges and universities in 10 states to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities in such states.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Innovation and Modern Skills Training Act of 2022''. SEC. 2. NATIONAL INNOVATION AND MODERN SKILLS TRAINING COMPETITIVE GRANT PILOT PROGRAM. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153) the following: ``SEC. 1419. NATIONAL INNOVATION AND MODERN SKILLS TRAINING COMPETITIVE GRANT PILOT PROGRAM. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(b) Establishment.--The Secretary shall establish a pilot program (referred to in this section as the `pilot program') to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(C) Research programs.--A research program established under subparagraph (A)-- ``(i) may be tailored to support the needs of regional attributes, workforce needs, and economic development goals; and ``(ii) shall-- ``(I) immerse participants in emerging science, technology, engineering, and mathematics fields and technologies such as artificial intelligence, cybersecurity, advanced computing, advanced manufacturing, 3D technology and printing, data management and use, digital technologies, biotechnology, health information technology, agricultural technology, advanced telecommunications, and robotics; ``(II) be tailored to support-- ``(aa) the needs of large industry partners and their innovation pipelines; ``(bb) regional attributes; or ``(cc) economic development goals; ``(III) consist of research conducted by the land-grant college or university in partnership with the applicable community; and ``(IV) include the provision of match-funded research grants to local community members-- ``(aa) to conduct research led by the land-grant college or university under subclause (III); and ``(bb) to submit to faculty of the land-grant college or university or staff of the cooperative extension service quarterly reports describing findings of the research conducted under item (aa), which may be shared with private sector providers of grants. ``(D) Entrepreneurship programs.--An entrepreneurship program established under subparagraph (A)-- ``(i) shall focus on-- ``(I) the strengths of local historical industries; ``(II) the modern globalized versions of those industries; ``(III) the innovation opportunities within those industries; ``(IV) the needs of the community; and ``(V) the variety of localized industries in the region; and ``(ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses-- ``(I) to spur economic development in underrepresented communities; and ``(II) to develop the next generation of entrepreneurs across the United States. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(d) Eligibility.--To be eligible for a grant under the pilot program, a land-grant college or university-- ``(1) 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 demonstration of the availability of matching funding from the private sector equal to the amount of the grant to carry out activities under the pilot program; ``(B) a 12-month plan that defines outcome goals under the pilot program for workforce, entrepreneurship, and research focuses; and ``(C) a demonstration of community engagement or community partners; ``(2) may submit an application under paragraph (1) jointly with 1 or more other land-grant colleges or universities in the same State; and ``(3) shall be subject to an evaluation, including metrics, relating to the performance of the land-grant college or university under the pilot program. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(g) Economic Development Coordinator.--The Secretary may appoint an Economic Development Coordinator-- ``(1) to work with recipients of grants under this section; and ``(2) to coordinate efforts with cooperative extension services. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant. ``(2) Report to congress.--Not later than 180 days after the Secretary receives the report under paragraph (1) from the last recipient of a grant under the pilot program, the Secretary shall submit to Congress a report describing the economic impacts of activities carried out using grants under the pilot program, based on the reports submitted to the Secretary under paragraph (1).''. <all>

National Innovation and Modern Skills Training Act of 2022

A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes.

National Innovation and Modern Skills Training Act of 2022

Sen. Hickenlooper, John W.

D

CO

This bill directs the Department of Agriculture to establish a pilot program to provide competitive grants to land-grant colleges and universities in 10 states to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities in such states.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``National Innovation and Modern Skills Training Act of 2022''. SEC. 2. ``(b) Establishment.--The Secretary shall establish a pilot program (referred to in this section as the `pilot program') to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). ``(D) Entrepreneurship programs.--An entrepreneurship program established under subparagraph (A)-- ``(i) shall focus on-- ``(I) the strengths of local historical industries; ``(II) the modern globalized versions of those industries; ``(III) the innovation opportunities within those industries; ``(IV) the needs of the community; and ``(V) the variety of localized industries in the region; and ``(ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses-- ``(I) to spur economic development in underrepresented communities; and ``(II) to develop the next generation of entrepreneurs across the United States. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(g) Economic Development Coordinator.--The Secretary may appoint an Economic Development Coordinator-- ``(1) to work with recipients of grants under this section; and ``(2) to coordinate efforts with cooperative extension services. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``National Innovation and Modern Skills Training Act of 2022''. SEC. 2. ``(b) Establishment.--The Secretary shall establish a pilot program (referred to in this section as the `pilot program') to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). ``(D) Entrepreneurship programs.--An entrepreneurship program established under subparagraph (A)-- ``(i) shall focus on-- ``(I) the strengths of local historical industries; ``(II) the modern globalized versions of those industries; ``(III) the innovation opportunities within those industries; ``(IV) the needs of the community; and ``(V) the variety of localized industries in the region; and ``(ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses-- ``(I) to spur economic development in underrepresented communities; and ``(II) to develop the next generation of entrepreneurs across the United States. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(g) Economic Development Coordinator.--The Secretary may appoint an Economic Development Coordinator-- ``(1) to work with recipients of grants under this section; and ``(2) to coordinate efforts with cooperative extension services. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Innovation and Modern Skills Training Act of 2022''. SEC. 2. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153) the following: ``SEC. 1419. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(b) Establishment.--The Secretary shall establish a pilot program (referred to in this section as the `pilot program') to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(C) Research programs.--A research program established under subparagraph (A)-- ``(i) may be tailored to support the needs of regional attributes, workforce needs, and economic development goals; and ``(ii) shall-- ``(I) immerse participants in emerging science, technology, engineering, and mathematics fields and technologies such as artificial intelligence, cybersecurity, advanced computing, advanced manufacturing, 3D technology and printing, data management and use, digital technologies, biotechnology, health information technology, agricultural technology, advanced telecommunications, and robotics; ``(II) be tailored to support-- ``(aa) the needs of large industry partners and their innovation pipelines; ``(bb) regional attributes; or ``(cc) economic development goals; ``(III) consist of research conducted by the land-grant college or university in partnership with the applicable community; and ``(IV) include the provision of match-funded research grants to local community members-- ``(aa) to conduct research led by the land-grant college or university under subclause (III); and ``(bb) to submit to faculty of the land-grant college or university or staff of the cooperative extension service quarterly reports describing findings of the research conducted under item (aa), which may be shared with private sector providers of grants. ``(D) Entrepreneurship programs.--An entrepreneurship program established under subparagraph (A)-- ``(i) shall focus on-- ``(I) the strengths of local historical industries; ``(II) the modern globalized versions of those industries; ``(III) the innovation opportunities within those industries; ``(IV) the needs of the community; and ``(V) the variety of localized industries in the region; and ``(ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses-- ``(I) to spur economic development in underrepresented communities; and ``(II) to develop the next generation of entrepreneurs across the United States. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(g) Economic Development Coordinator.--The Secretary may appoint an Economic Development Coordinator-- ``(1) to work with recipients of grants under this section; and ``(2) to coordinate efforts with cooperative extension services. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Innovation and Modern Skills Training Act of 2022''. SEC. 2. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153) the following: ``SEC. 1419. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(b) Establishment.--The Secretary shall establish a pilot program (referred to in this section as the `pilot program') to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(C) Research programs.--A research program established under subparagraph (A)-- ``(i) may be tailored to support the needs of regional attributes, workforce needs, and economic development goals; and ``(ii) shall-- ``(I) immerse participants in emerging science, technology, engineering, and mathematics fields and technologies such as artificial intelligence, cybersecurity, advanced computing, advanced manufacturing, 3D technology and printing, data management and use, digital technologies, biotechnology, health information technology, agricultural technology, advanced telecommunications, and robotics; ``(II) be tailored to support-- ``(aa) the needs of large industry partners and their innovation pipelines; ``(bb) regional attributes; or ``(cc) economic development goals; ``(III) consist of research conducted by the land-grant college or university in partnership with the applicable community; and ``(IV) include the provision of match-funded research grants to local community members-- ``(aa) to conduct research led by the land-grant college or university under subclause (III); and ``(bb) to submit to faculty of the land-grant college or university or staff of the cooperative extension service quarterly reports describing findings of the research conducted under item (aa), which may be shared with private sector providers of grants. ``(D) Entrepreneurship programs.--An entrepreneurship program established under subparagraph (A)-- ``(i) shall focus on-- ``(I) the strengths of local historical industries; ``(II) the modern globalized versions of those industries; ``(III) the innovation opportunities within those industries; ``(IV) the needs of the community; and ``(V) the variety of localized industries in the region; and ``(ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses-- ``(I) to spur economic development in underrepresented communities; and ``(II) to develop the next generation of entrepreneurs across the United States. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(d) Eligibility.--To be eligible for a grant under the pilot program, a land-grant college or university-- ``(1) 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 demonstration of the availability of matching funding from the private sector equal to the amount of the grant to carry out activities under the pilot program; ``(B) a 12-month plan that defines outcome goals under the pilot program for workforce, entrepreneurship, and research focuses; and ``(C) a demonstration of community engagement or community partners; ``(2) may submit an application under paragraph (1) jointly with 1 or more other land-grant colleges or universities in the same State; and ``(3) shall be subject to an evaluation, including metrics, relating to the performance of the land-grant college or university under the pilot program. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(g) Economic Development Coordinator.--The Secretary may appoint an Economic Development Coordinator-- ``(1) to work with recipients of grants under this section; and ``(2) to coordinate efforts with cooperative extension services. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(B) Workforce development programs.--A workforce development program established under subparagraph (A) shall-- ``(i) offer flexible and alternative educational pathways to promote workforce development, including-- ``(I) stackable credentials; ``(II) micro degrees; ``(III) boot camps; or ``(IV) credit-by-examination programs; and ``(ii) focus on the middle- and high- skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(a) Definition of Land-Grant College or University.--In this section, the term `land-grant college or university' includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(2) Workforce development, research, and entrepreneurship programs.-- ``(A) In general.--A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall-- ``(i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; ``(ii) be administered by the applicable land-grant college or university; and ``(iii) confer to a participant a measurable benefit or credential on successful completion of the program. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. ``(f) Amount and Duration.--A grant under the pilot program shall be-- ``(1) in the amount of $5,000,000; and ``(2) provided over a 3-year period. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(h) Coordination.--In carrying out the pilot program, the Secretary shall coordinate with-- ``(1) the Secretary of Commerce; ``(2) the Secretary of Labor; ``(3) the Secretary of Education; ``(4) the Administrator of the Small Business Administration; and ``(5) the Director of the National Science Foundation. ``(i) Reports.-- ``(1) Economic impact reports.--Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant.

To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes. ``(c) Eligible Activities.-- ``(1) In general.--A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. ``(E) Collaboration.--In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private- sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that-- ``(i) meet the professional and social needs of the applicable community; and ``(ii) address areas of national importance or need. ``(e) Selection of Recipients.--The Secretary shall provide grants under the pilot program-- ``(1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and ``(2) taking into consideration-- ``(A) regional and geographic diversity; and ``(B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations.

H.R.4701

Health

Protecting Patients from Medicaid Fraud Act This bill requires state Medicaid programs to consult with the Centers for Medicare & Medicaid Services (CMS) about provider screening and oversight requirements if they have not already opted to do so. Additionally, states that are not in compliance with these screening and oversight requirements must submit progress reports to the CMS annually.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients from Medicaid Fraud Act''. SEC. 2. INCREASED PROVIDER AND SUPPLIER OVERSIGHT UNDER STATE MEDICAID PLANS. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''. <all>

Protecting Patients from Medicaid Fraud Act

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes.

Protecting Patients from Medicaid Fraud Act

Rep. Bergman, Jack

R

MI

This bill requires state Medicaid programs to consult with the Centers for Medicare & Medicaid Services (CMS) about provider screening and oversight requirements if they have not already opted to do so. Additionally, states that are not in compliance with these screening and oversight requirements must submit progress reports to the CMS annually.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients from Medicaid Fraud Act''. SEC. 2. INCREASED PROVIDER AND SUPPLIER OVERSIGHT UNDER STATE MEDICAID PLANS. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''. <all>

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients from Medicaid Fraud Act''. SEC. 2. INCREASED PROVIDER AND SUPPLIER OVERSIGHT UNDER STATE MEDICAID PLANS. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''. <all>

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients from Medicaid Fraud Act''. SEC. 2. INCREASED PROVIDER AND SUPPLIER OVERSIGHT UNDER STATE MEDICAID PLANS. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''. <all>

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients from Medicaid Fraud Act''. SEC. 2. INCREASED PROVIDER AND SUPPLIER OVERSIGHT UNDER STATE MEDICAID PLANS. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''. <all>

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''.

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan.''; (

To amend title XIX of the Social Security Act to increase provider and supplier oversight under State Medicaid plans, and for other purposes. Section 1902(kk) of the Social Security Act (42 U.S.C. 1936a(kk)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the screening requirements under such section 1866(j)(2) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; (2) in paragraph (2), by adding at the end the following new sentence: ``In the case of a State which has not participated in an optional consultation with the Secretary with respect to the oversight requirements under such section 1866(j)(3) as of the date of the enactment of this sentence, the Secretary shall notify each such State and such a State be required to consult with the Secretary with respect to such requirements for providers and suppliers under the State plan. ''; and (3) by adding at the end the following new paragraph: ``(10) Ensuring compliance with screening and oversight requirements for providers and suppliers.--In the case of any State which is not in compliance with the requirements under paragraphs (2) and (3) of section 1866(j)(2) with respect to providers and suppliers under the State plan, for the purpose of monitoring the progress of such a State in attaining compliance with such requirements, such State shall, on an annual basis, submit to the Secretary information the Secretary determines appropriate.''.

H.R.616

Water Resources Development

Emergency Water is a Human Right Act This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Water is a Human Right Act''. SEC. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. 3. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (b) Low-Income Household Drinking Water and Wastewater Assistance.--The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. (2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (k) Reports to Congress.--The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section-- (1) not later than 1 year after the date of enactment of this section; and (2) upon disbursement of all funds appropriated pursuant to this section. (l) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. <all>

Emergency Water is a Human Right Act

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes.

Emergency Water is a Human Right Act

Rep. Tlaib, Rashida

D

MI

This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. SHORT TITLE. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. SHORT TITLE. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Water is a Human Right Act''. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. (2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (k) Reports to Congress.--The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section-- (1) not later than 1 year after the date of enactment of this section; and (2) upon disbursement of all funds appropriated pursuant to this section. (l) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Water is a Human Right Act''. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. (2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (k) Reports to Congress.--The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section-- (1) not later than 1 year after the date of enactment of this section; and (2) upon disbursement of all funds appropriated pursuant to this section. (l) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. ( e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. ( (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. ( i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. ( (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. ( (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. ( 2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. ( (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. ( (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. ( 2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. ( (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. ( e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. ( (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. ( i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. ( (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. ( (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. ( 2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. ( (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. ( e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. ( (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. ( i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. ( (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. ( (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. ( 2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. ( (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. ( e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. ( (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. ( i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. ( (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. ( (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. ( 2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. ( 3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. ( (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. 2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. ( e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. ( ( i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. ( (

S.4977

Crime and Law Enforcement

Vote Without Fear Act This bill establishes new federal criminal offenses for possessing a firearm or causing a firearm to be present in or within 100 yards of a federal election site.

To prohibit the unauthorized possession of a firearm at a Federal election site. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote Without Fear Act''. SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL ELECTION SITE. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 935. Prohibition on unauthorized firearm possession at a Federal election site ``(a) Definition.--In this section, the term `Federal election site' means a building or any part thereof at which an employee of the United States, a State, or a political subdivision thereof is engaged in-- ``(1) the administration of a polling place in an election for Federal office; or ``(2) the processing or counting of ballots cast in such an election. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(B) Exceptions.--Subparagraph (A) shall not apply to-- ``(i) the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty; ``(ii) the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or ``(iii) the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Homicide.--An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in-- ``(1) section 1111, in the case of murder (as defined in that section); ``(2) section 1112, in the case of manslaughter (as defined in that section); ``(3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or ``(4) section 1117, in the case of conspiracy to commit murder (as so defined).''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``935. Prohibition on unauthorized firearm possession at a Federal election site.''. <all>

Vote Without Fear Act

A bill to prohibit the unauthorized possession of a firearm at a Federal election site.

Vote Without Fear Act

Sen. Murphy, Christopher

D

CT

This bill establishes new federal criminal offenses for possessing a firearm or causing a firearm to be present in or within 100 yards of a federal election site.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote Without Fear Act''. SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL ELECTION SITE. ``(B) Exceptions.--Subparagraph (A) shall not apply to-- ``(i) the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty; ``(ii) the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or ``(iii) the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(d) Homicide.--An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in-- ``(1) section 1111, in the case of murder (as defined in that section); ``(2) section 1112, in the case of manslaughter (as defined in that section); ``(3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or ``(4) section 1117, in the case of conspiracy to commit murder (as so defined).''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``935.

This Act may be cited as the ``Vote Without Fear Act''. SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL ELECTION SITE. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(d) Homicide.--An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in-- ``(1) section 1111, in the case of murder (as defined in that section); ``(2) section 1112, in the case of manslaughter (as defined in that section); ``(3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or ``(4) section 1117, in the case of conspiracy to commit murder (as so defined).''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``935.

To prohibit the unauthorized possession of a firearm at a Federal election site. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote Without Fear Act''. SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL ELECTION SITE. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 935. Prohibition on unauthorized firearm possession at a Federal election site ``(a) Definition.--In this section, the term `Federal election site' means a building or any part thereof at which an employee of the United States, a State, or a political subdivision thereof is engaged in-- ``(1) the administration of a polling place in an election for Federal office; or ``(2) the processing or counting of ballots cast in such an election. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(B) Exceptions.--Subparagraph (A) shall not apply to-- ``(i) the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty; ``(ii) the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or ``(iii) the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Homicide.--An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in-- ``(1) section 1111, in the case of murder (as defined in that section); ``(2) section 1112, in the case of manslaughter (as defined in that section); ``(3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or ``(4) section 1117, in the case of conspiracy to commit murder (as so defined).''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``935. Prohibition on unauthorized firearm possession at a Federal election site.''. <all>

To prohibit the unauthorized possession of a firearm at a Federal election site. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote Without Fear Act''. SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL ELECTION SITE. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 935. Prohibition on unauthorized firearm possession at a Federal election site ``(a) Definition.--In this section, the term `Federal election site' means a building or any part thereof at which an employee of the United States, a State, or a political subdivision thereof is engaged in-- ``(1) the administration of a polling place in an election for Federal office; or ``(2) the processing or counting of ballots cast in such an election. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(B) Exceptions.--Subparagraph (A) shall not apply to-- ``(i) the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty; ``(ii) the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or ``(iii) the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Homicide.--An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in-- ``(1) section 1111, in the case of murder (as defined in that section); ``(2) section 1112, in the case of manslaughter (as defined in that section); ``(3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or ``(4) section 1117, in the case of conspiracy to commit murder (as so defined).''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``935. Prohibition on unauthorized firearm possession at a Federal election site.''. <all>

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

To prohibit the unauthorized possession of a firearm at a Federal election site. ``(b) Possession of Firearm Near Federal Election Site.-- ``(1) Offense.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. ``(c) Possession of Firearm Near Federal Election Site With Intent for Use in Crime.-- ``(1) Offense.--It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. ``(2) Penalty.--Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

S.553

Science, Technology, Communications

Government Spectrum Valuation Act This bill requires estimation of the value of federal electromagnetic spectrum. Specifically, the bill requires (1) the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission and the Office of Management and Budget, to estimate the value of spectrum assigned or allocated to each federal agency; and (2) each agency to report, in its annual budget and financial statement, the estimated value of the spectrum that has been assigned or allocated to it.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spectrum Valuation Act''. SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. (a) In General.--Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended-- (1) by redesignating section 105 (47 U.S.C. 904) as section 106; and (2) by inserting after section 104 (47 U.S.C. 903) the following: ``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ``(a) Definitions.--In this section-- ``(1) the term `covered band' means the band of frequencies between 3 kilohertz and 95 gigahertz; ``(2) the term `Federal entity' has the meaning given the term in section 113(l); and ``(3) the term `OMB' means the Office of Management and Budget. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(d) Basis for Estimate.-- ``(1) In general.--The NTIA shall base each value estimate under subsection (b) on the value that the electromagnetic spectrum would have if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate. ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(3) Dynamic scoring.--To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (b) Technical and Conforming Amendments.--Section 103(b) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)) is amended-- (1) in paragraph (1), by striking ``section 105(d)'' and inserting ``section 106(d)''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``section 105(d)'' and inserting ``section 106(d)''. <all>

Government Spectrum Valuation Act

A bill to require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities.

Government Spectrum Valuation Act

Sen. Lee, Mike

R

UT

This bill requires estimation of the value of federal electromagnetic spectrum. Specifically, the bill requires (1) the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission and the Office of Management and Budget, to estimate the value of spectrum assigned or allocated to each federal agency; and (2) each agency to report, in its annual budget and financial statement, the estimated value of the spectrum that has been assigned or allocated to it.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spectrum Valuation Act''. SEC. 2. 901 et seq.) is amended-- (1) by redesignating section 105 (47 U.S.C. 903) the following: ``SEC. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ``(a) Definitions.--In this section-- ``(1) the term `covered band' means the band of frequencies between 3 kilohertz and 95 gigahertz; ``(2) the term `Federal entity' has the meaning given the term in section 113(l); and ``(3) the term `OMB' means the Office of Management and Budget. ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(d) Basis for Estimate.-- ``(1) In general.--The NTIA shall base each value estimate under subsection (b) on the value that the electromagnetic spectrum would have if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate. ``(3) Dynamic scoring.--To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. 902(b)) is amended-- (1) in paragraph (1), by striking ``section 105(d)'' and inserting ``section 106(d)''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``section 105(d)'' and inserting ``section 106(d)''.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spectrum Valuation Act''. SEC. 2. 901 et seq.) is amended-- (1) by redesignating section 105 (47 U.S.C. 903) the following: ``SEC. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ``(a) Definitions.--In this section-- ``(1) the term `covered band' means the band of frequencies between 3 kilohertz and 95 gigahertz; ``(2) the term `Federal entity' has the meaning given the term in section 113(l); and ``(3) the term `OMB' means the Office of Management and Budget. ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(3) Dynamic scoring.--To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. 902(b)) is amended-- (1) in paragraph (1), by striking ``section 105(d)'' and inserting ``section 106(d)''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``section 105(d)'' and inserting ``section 106(d)''.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spectrum Valuation Act''. SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. (a) In General.--Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended-- (1) by redesignating section 105 (47 U.S.C. 904) as section 106; and (2) by inserting after section 104 (47 U.S.C. 903) the following: ``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ``(a) Definitions.--In this section-- ``(1) the term `covered band' means the band of frequencies between 3 kilohertz and 95 gigahertz; ``(2) the term `Federal entity' has the meaning given the term in section 113(l); and ``(3) the term `OMB' means the Office of Management and Budget. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(d) Basis for Estimate.-- ``(1) In general.--The NTIA shall base each value estimate under subsection (b) on the value that the electromagnetic spectrum would have if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate. ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(3) Dynamic scoring.--To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (b) Technical and Conforming Amendments.--Section 103(b) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)) is amended-- (1) in paragraph (1), by striking ``section 105(d)'' and inserting ``section 106(d)''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``section 105(d)'' and inserting ``section 106(d)''. <all>

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spectrum Valuation Act''. SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. (a) In General.--Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended-- (1) by redesignating section 105 (47 U.S.C. 904) as section 106; and (2) by inserting after section 104 (47 U.S.C. 903) the following: ``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ``(a) Definitions.--In this section-- ``(1) the term `covered band' means the band of frequencies between 3 kilohertz and 95 gigahertz; ``(2) the term `Federal entity' has the meaning given the term in section 113(l); and ``(3) the term `OMB' means the Office of Management and Budget. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(d) Basis for Estimate.-- ``(1) In general.--The NTIA shall base each value estimate under subsection (b) on the value that the electromagnetic spectrum would have if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate. ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(3) Dynamic scoring.--To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (b) Technical and Conforming Amendments.--Section 103(b) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)) is amended-- (1) in paragraph (1), by striking ``section 105(d)'' and inserting ``section 106(d)''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``section 105(d)'' and inserting ``section 106(d)''. <all>

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ( ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ( ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ( ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ( ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM. ( ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(2) Consideration of government capabilities.--In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection.

To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. ``(b) Estimates Required.--The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). ``(c) Schedule.--The NTIA shall conduct the estimates under subsection (b) for the frequencies between-- ``(1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; ``(2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and ``(3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. ``(4) Disclosure.-- ``(A) In general.--Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. ``(B) Classified, law enforcement-sensitive, and proprietary information.--If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA-- ``(i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and ``(ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. ``(e) Agency Report on Value of Electromagnetic Spectrum.--A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)-- ``(1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and ``(2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code.''. (

H.R.6831

Transportation and Public Works

This bill sets forth requirements related to amphibious passenger vessels operating in U.S. waters. The U.S. Coast Guard must issue regulations for amphibious passenger vessels, including to require that operators provide reserve buoyancy for the vessels through passive means, such as watertight compartmentalization, built-in flotation, or other means, to ensure that the vessels remain afloat and upright in the event of flooding. The bill also sets forth requirements for amphibious passenger vessels that are not in compliance with the regulations, including a requirement remove the canopies and window coverings of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking.

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (a) Regulations Required.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. (c) Requirements.--The regulations required under subsection (a) shall include the following: (1) A requirement that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) A requirement that an operator of an amphibious passenger vessel-- (A) review and notate the forecast of the National Weather Service of the National Oceanic and Atmospheric Administration in the logbook of the vessel before getting underway and periodically while underway; (B) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such amphibious passenger vessel; and (C) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is capable of being automatically activated by the warning alarm device of the National Weather Service. (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). (4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. (e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. (2) If a canopy and window covering are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. (3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. (4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. (5) Install in such vessels not fewer than 4 independently powered bilge alarms. (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. (7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (8) Install underwater LED lights that activate automatically in an emergency. (9) Otherwise comply with any other provisions of the circular titled ``Navigation and Vessel Inspection Circular 1- 01'' in the inspection, configuration, and operation of such vessels. <all>

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes.

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes.

Rep. Carson, Andre

D

IN

This bill sets forth requirements related to amphibious passenger vessels operating in U.S. waters. The U.S. Coast Guard must issue regulations for amphibious passenger vessels, including to require that operators provide reserve buoyancy for the vessels through passive means, such as watertight compartmentalization, built-in flotation, or other means, to ensure that the vessels remain afloat and upright in the event of flooding. The bill also sets forth requirements for amphibious passenger vessels that are not in compliance with the regulations, including a requirement remove the canopies and window coverings of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking.

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. (2) A requirement that an operator of an amphibious passenger vessel-- (A) review and notate the forecast of the National Weather Service of the National Oceanic and Atmospheric Administration in the logbook of the vessel before getting underway and periodically while underway; (B) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such amphibious passenger vessel; and (C) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is capable of being automatically activated by the warning alarm device of the National Weather Service. (4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. (2) If a canopy and window covering are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. (3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. (4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. (8) Install underwater LED lights that activate automatically in an emergency. (9) Otherwise comply with any other provisions of the circular titled ``Navigation and Vessel Inspection Circular 1- 01'' in the inspection, configuration, and operation of such vessels.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. (4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. (2) If a canopy and window covering are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. (3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. (4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. (8) Install underwater LED lights that activate automatically in an emergency. (9) Otherwise comply with any other provisions of the circular titled ``Navigation and Vessel Inspection Circular 1- 01'' in the inspection, configuration, and operation of such vessels.

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. (c) Requirements.--The regulations required under subsection (a) shall include the following: (1) A requirement that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) A requirement that an operator of an amphibious passenger vessel-- (A) review and notate the forecast of the National Weather Service of the National Oceanic and Atmospheric Administration in the logbook of the vessel before getting underway and periodically while underway; (B) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such amphibious passenger vessel; and (C) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is capable of being automatically activated by the warning alarm device of the National Weather Service. (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). (4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. (e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. (2) If a canopy and window covering are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. (3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. (4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. (5) Install in such vessels not fewer than 4 independently powered bilge alarms. (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. (7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (8) Install underwater LED lights that activate automatically in an emergency. (9) Otherwise comply with any other provisions of the circular titled ``Navigation and Vessel Inspection Circular 1- 01'' in the inspection, configuration, and operation of such vessels.

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (a) Regulations Required.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. (c) Requirements.--The regulations required under subsection (a) shall include the following: (1) A requirement that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) A requirement that an operator of an amphibious passenger vessel-- (A) review and notate the forecast of the National Weather Service of the National Oceanic and Atmospheric Administration in the logbook of the vessel before getting underway and periodically while underway; (B) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such amphibious passenger vessel; and (C) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is capable of being automatically activated by the warning alarm device of the National Weather Service. (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). (4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. (e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. (2) If a canopy and window covering are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel. (3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation. (4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity. (5) Install in such vessels not fewer than 4 independently powered bilge alarms. (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. (7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (8) Install underwater LED lights that activate automatically in an emergency. (9) Otherwise comply with any other provisions of the circular titled ``Navigation and Vessel Inspection Circular 1- 01'' in the inspection, configuration, and operation of such vessels. <all>

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( 3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( 4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( 3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( 4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( 3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( 4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( 3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( 4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( (3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

To require the Commandant of the Coast Guard to issue regulations for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, and for other purposes. b) Deadline for Compliance.--The regulations issued under subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act. ( 3) A requirement that-- (A) operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and (C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B). ( 4) A requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures. (d) Consideration.--In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of an amphibious passenger vessel. ( e) Interim Requirements.--Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements: (1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. ( (6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered. ( 7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel. (

H.R.4133

International Affairs

Caribbean Basin Security Initiative Authorization Act This bill authorizes the allocation of certain funds for purposes related to the Caribbean Basin Security Initiative, requires the Department of State to develop a strategy for prioritizing efforts to increase disaster response and resilience in the Caribbean, and establishes monitoring and reporting requirements. Funds for carrying out the initiative shall be used for purposes that include (1) promoting citizen safety, security, and the rule of law in the Caribbean; (2) prioritizing efforts to combat corruption; and (3) promoting the rule of law in the Caribbean and countering influence from authoritarian regimes. The State Department shall develop a strategy that incorporates specific, measurable benchmarks demonstrating a prioritization of efforts to increase disaster response and resilience through carrying out specified coordination, resilience, and preparedness programs in beneficiary countries. The State Department must also submit an implementation plan that includes a timeline and stated objectives for such actions to be taken.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Basin Security Initiative Authorization Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR THE CARIBBEAN BASIN SECURITY INITIATIVE. (a) Authorization.--There is authorized to be appropriated $74,800,000 for each of fiscal years 2022 through 2026 to carry out the Caribbean Basin Security Initiative to achieve the purposes described in subsection (b). (b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. (2) To carry out the promotion of such safety, security, and the rule of law through efforts including the following: (A) Capacity building for law enforcement and military units, including professionalization, anti- corruption and human rights training, vetting, and community-based policing. (B) Maritime and aerial security cooperation, including assistance to strengthen Caribbean maritime and aerial interdiction operations capability and the provision of support systems and equipment, training, and maintenance. (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. (D) Support for justice sector reform and strengthening of the rule of law, including capacity building for prosecutors, judges, and other justice officials, and support to increase the efficacy of criminal courts. (E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. (F) Countering transnational criminal organizations and local gang activity, including capacity-building, equipment, and support for operations targeting the finances and illegal activities of transnational criminal networks and local gangs such as their recruitment of at-risk youth, and the provision of assistance to populations vulnerable to being victims of extortion and crime by criminal networks. (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. (H) Strengthening the ability of the security sector to respond to and become more resilient in the face of natural disasters, including by carrying out training exercises to ensure critical infrastructure and ports are able to come back online rapidly following disasters and providing preparedness training to police and first responders. (I) Supporting training for civilian police and appropriate security services in criminal investigations, best practices for citizen security, and the protection of human rights. (J) Improving community and law enforcement cooperation to improve effectiveness and professionalism of police and increase mutual trust. (K) Increasing economic opportunities for at-risk youth and vulnerable populations, including workforce development training and remedial education programs for at-risk youth. (L) Improving juvenile justice sectors through regulatory reforms, separating youth from traditional prison systems, and improving support and services in juvenile detention centers. (3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. (4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. (B) Evaluating and, as appropriate, restricting United States involvement in investment and infrastructure projects financed by authoritarian regimes that might obstruct or otherwise impact United States security assistance to beneficiary countries. (C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. (D) Countering disinformation by promoting transparency and accountability from beneficiary countries. (E) Eliminating corruption linked to investment and infrastructure facilitated by authoritarian regimes through support for investment screening, competitive tendering and bidding processes, the implementation of investment law, and contractual transparency. (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. SEC. 3. STRATEGY TO IMPROVE DISASTER RESILIENCE. (a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. (2) Supporting sharing of best practices on disaster resilience including constructing resilient infrastructure and rebuilding after natural disasters. (3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. In developing such strategy, the Secretary of State shall also consult with nongovernmental organizations in beneficiary countries and in the United States. (c) Annual Progress Update.--The Secretary, in coordination with the Administrator, shall annually submit to the appropriate congressional committees a written description of the progress made as of the date of such submission in meeting the benchmarks included in the strategy submitted pursuant to subsection (b). SEC. 4. MONITORING AND REPORTING REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. The plan shall also include the following elements: (1) A multi-year strategy with a timeline, overview of objectives, and anticipated outcomes for the region and for each beneficiary country, with respect to each program area described in section 2. (2) Specific, measurable benchmarks to track the progress of the Initiative towards accomplishing the outcomes described pursuant to paragraph (1). (3) A plan for the delineation of the roles to be carried out by the Department of State, the United States Agency for International Development, the Department of Justice, the Department of Defense, and any other Federal department or agency in carrying out the Initiative, to prevent overlap and unintended competition between activities and resources. (4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). (5) The results achieved during the previous year-- (A) of monitoring and evaluation measures to track the progress of the Initiative in accomplishing the benchmarks included pursuant to paragraph (2); and (B) of the implementation of the strategy and plans described in paragraphs (1), (3), and (4). (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Caribbean Basin Security Initiative Authorization Act

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes.

Caribbean Basin Security Initiative Authorization Act Caribbean Basin Security Initiative Authorization Act

Rep. Espaillat, Adriano

D

NY

This bill authorizes the allocation of certain funds for purposes related to the Caribbean Basin Security Initiative, requires the Department of State to develop a strategy for prioritizing efforts to increase disaster response and resilience in the Caribbean, and establishes monitoring and reporting requirements. Funds for carrying out the initiative shall be used for purposes that include (1) promoting citizen safety, security, and the rule of law in the Caribbean; (2) prioritizing efforts to combat corruption; and (3) promoting the rule of law in the Caribbean and countering influence from authoritarian regimes. The State Department shall develop a strategy that incorporates specific, measurable benchmarks demonstrating a prioritization of efforts to increase disaster response and resilience through carrying out specified coordination, resilience, and preparedness programs in beneficiary countries. The State Department must also submit an implementation plan that includes a timeline and stated objectives for such actions to be taken.

(a) Authorization.--There is authorized to be appropriated $74,800,000 for each of fiscal years 2022 through 2026 to carry out the Caribbean Basin Security Initiative to achieve the purposes described in subsection (b). (E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. (F) Countering transnational criminal organizations and local gang activity, including capacity-building, equipment, and support for operations targeting the finances and illegal activities of transnational criminal networks and local gangs such as their recruitment of at-risk youth, and the provision of assistance to populations vulnerable to being victims of extortion and crime by criminal networks. (I) Supporting training for civilian police and appropriate security services in criminal investigations, best practices for citizen security, and the protection of human rights. (J) Improving community and law enforcement cooperation to improve effectiveness and professionalism of police and increase mutual trust. (L) Improving juvenile justice sectors through regulatory reforms, separating youth from traditional prison systems, and improving support and services in juvenile detention centers. (3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. (4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. (E) Eliminating corruption linked to investment and infrastructure facilitated by authoritarian regimes through support for investment screening, competitive tendering and bidding processes, the implementation of investment law, and contractual transparency. 3. STRATEGY TO IMPROVE DISASTER RESILIENCE. (3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. In developing such strategy, the Secretary of State shall also consult with nongovernmental organizations in beneficiary countries and in the United States. 4. (2) Specific, measurable benchmarks to track the progress of the Initiative towards accomplishing the outcomes described pursuant to paragraph (1). (3) A plan for the delineation of the roles to be carried out by the Department of State, the United States Agency for International Development, the Department of Justice, the Department of Defense, and any other Federal department or agency in carrying out the Initiative, to prevent overlap and unintended competition between activities and resources. SEC. 5. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative.

(E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. (I) Supporting training for civilian police and appropriate security services in criminal investigations, best practices for citizen security, and the protection of human rights. (L) Improving juvenile justice sectors through regulatory reforms, separating youth from traditional prison systems, and improving support and services in juvenile detention centers. (3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. (4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. (E) Eliminating corruption linked to investment and infrastructure facilitated by authoritarian regimes through support for investment screening, competitive tendering and bidding processes, the implementation of investment law, and contractual transparency. 3. STRATEGY TO IMPROVE DISASTER RESILIENCE. In developing such strategy, the Secretary of State shall also consult with nongovernmental organizations in beneficiary countries and in the United States. 4. (2) Specific, measurable benchmarks to track the progress of the Initiative towards accomplishing the outcomes described pursuant to paragraph (1). (3) A plan for the delineation of the roles to be carried out by the Department of State, the United States Agency for International Development, the Department of Justice, the Department of Defense, and any other Federal department or agency in carrying out the Initiative, to prevent overlap and unintended competition between activities and resources. SEC. 5. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) Authorization.--There is authorized to be appropriated $74,800,000 for each of fiscal years 2022 through 2026 to carry out the Caribbean Basin Security Initiative to achieve the purposes described in subsection (b). (B) Maritime and aerial security cooperation, including assistance to strengthen Caribbean maritime and aerial interdiction operations capability and the provision of support systems and equipment, training, and maintenance. (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. (E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. (F) Countering transnational criminal organizations and local gang activity, including capacity-building, equipment, and support for operations targeting the finances and illegal activities of transnational criminal networks and local gangs such as their recruitment of at-risk youth, and the provision of assistance to populations vulnerable to being victims of extortion and crime by criminal networks. (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. (H) Strengthening the ability of the security sector to respond to and become more resilient in the face of natural disasters, including by carrying out training exercises to ensure critical infrastructure and ports are able to come back online rapidly following disasters and providing preparedness training to police and first responders. (I) Supporting training for civilian police and appropriate security services in criminal investigations, best practices for citizen security, and the protection of human rights. (J) Improving community and law enforcement cooperation to improve effectiveness and professionalism of police and increase mutual trust. (L) Improving juvenile justice sectors through regulatory reforms, separating youth from traditional prison systems, and improving support and services in juvenile detention centers. (3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. (4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. (D) Countering disinformation by promoting transparency and accountability from beneficiary countries. (E) Eliminating corruption linked to investment and infrastructure facilitated by authoritarian regimes through support for investment screening, competitive tendering and bidding processes, the implementation of investment law, and contractual transparency. 3. STRATEGY TO IMPROVE DISASTER RESILIENCE. (3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. In developing such strategy, the Secretary of State shall also consult with nongovernmental organizations in beneficiary countries and in the United States. 4. MONITORING AND REPORTING REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. (2) Specific, measurable benchmarks to track the progress of the Initiative towards accomplishing the outcomes described pursuant to paragraph (1). (3) A plan for the delineation of the roles to be carried out by the Department of State, the United States Agency for International Development, the Department of Justice, the Department of Defense, and any other Federal department or agency in carrying out the Initiative, to prevent overlap and unintended competition between activities and resources. 2394c). SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) Authorization.--There is authorized to be appropriated $74,800,000 for each of fiscal years 2022 through 2026 to carry out the Caribbean Basin Security Initiative to achieve the purposes described in subsection (b). (b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. (B) Maritime and aerial security cooperation, including assistance to strengthen Caribbean maritime and aerial interdiction operations capability and the provision of support systems and equipment, training, and maintenance. (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. (E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. (F) Countering transnational criminal organizations and local gang activity, including capacity-building, equipment, and support for operations targeting the finances and illegal activities of transnational criminal networks and local gangs such as their recruitment of at-risk youth, and the provision of assistance to populations vulnerable to being victims of extortion and crime by criminal networks. (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. (H) Strengthening the ability of the security sector to respond to and become more resilient in the face of natural disasters, including by carrying out training exercises to ensure critical infrastructure and ports are able to come back online rapidly following disasters and providing preparedness training to police and first responders. (I) Supporting training for civilian police and appropriate security services in criminal investigations, best practices for citizen security, and the protection of human rights. (J) Improving community and law enforcement cooperation to improve effectiveness and professionalism of police and increase mutual trust. (K) Increasing economic opportunities for at-risk youth and vulnerable populations, including workforce development training and remedial education programs for at-risk youth. (L) Improving juvenile justice sectors through regulatory reforms, separating youth from traditional prison systems, and improving support and services in juvenile detention centers. (3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. (4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. (C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. (D) Countering disinformation by promoting transparency and accountability from beneficiary countries. (E) Eliminating corruption linked to investment and infrastructure facilitated by authoritarian regimes through support for investment screening, competitive tendering and bidding processes, the implementation of investment law, and contractual transparency. 3. STRATEGY TO IMPROVE DISASTER RESILIENCE. (a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. (3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. In developing such strategy, the Secretary of State shall also consult with nongovernmental organizations in beneficiary countries and in the United States. 4. MONITORING AND REPORTING REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. (2) Specific, measurable benchmarks to track the progress of the Initiative towards accomplishing the outcomes described pursuant to paragraph (1). (3) A plan for the delineation of the roles to be carried out by the Department of State, the United States Agency for International Development, the Department of Justice, the Department of Defense, and any other Federal department or agency in carrying out the Initiative, to prevent overlap and unintended competition between activities and resources. 2394c). (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. ( E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. ( (K) Increasing economic opportunities for at-risk youth and vulnerable populations, including workforce development training and remedial education programs for at-risk youth. ( 4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. 3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. The plan shall also include the following elements: (1) A multi-year strategy with a timeline, overview of objectives, and anticipated outcomes for the region and for each beneficiary country, with respect to each program area described in section 2. ( 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( 2) To carry out the promotion of such safety, security, and the rule of law through efforts including the following: (A) Capacity building for law enforcement and military units, including professionalization, anti- corruption and human rights training, vetting, and community-based policing. ( (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. ( 3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. ( C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( 2) To carry out the promotion of such safety, security, and the rule of law through efforts including the following: (A) Capacity building for law enforcement and military units, including professionalization, anti- corruption and human rights training, vetting, and community-based policing. ( (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. ( 3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. ( C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. ( E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. ( (K) Increasing economic opportunities for at-risk youth and vulnerable populations, including workforce development training and remedial education programs for at-risk youth. ( 4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. 3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. The plan shall also include the following elements: (1) A multi-year strategy with a timeline, overview of objectives, and anticipated outcomes for the region and for each beneficiary country, with respect to each program area described in section 2. ( 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( 2) To carry out the promotion of such safety, security, and the rule of law through efforts including the following: (A) Capacity building for law enforcement and military units, including professionalization, anti- corruption and human rights training, vetting, and community-based policing. ( (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. ( 3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. ( C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( (C) Border and port security cooperation, including support to strengthen capacity for screening and to intercept narcotics, weapons, bulk cash, and other contraband at airports and seaports. ( E) Cybersecurity and cybercrime cooperation, including capacity-building and support for cybersecurity systems. ( (K) Increasing economic opportunities for at-risk youth and vulnerable populations, including workforce development training and remedial education programs for at-risk youth. ( 4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. 3) Improving rapid-response mechanisms and cross- government organizational preparedness for natural disasters. (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. The plan shall also include the following elements: (1) A multi-year strategy with a timeline, overview of objectives, and anticipated outcomes for the region and for each beneficiary country, with respect to each program area described in section 2. ( 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. b) Purposes.--The purposes described in this subsection are the following: (1) To promote citizen safety, security, and the rule of law in the Caribbean through increased strategic engagement with the governments of beneficiary countries and with elements of local civil society, including the private sector, in such countries. ( 2) To carry out the promotion of such safety, security, and the rule of law through efforts including the following: (A) Capacity building for law enforcement and military units, including professionalization, anti- corruption and human rights training, vetting, and community-based policing. ( (G) Strengthening special prosecutorial offices and providing technical assistance to combat corruption, money laundering, financial crimes, extortion, and human rights crimes, and conduct asset forfeitures and criminal analysis. ( 3) To prioritize efforts to combat corruption and include anti-corruption components to programs, including by-- (A) strengthening national justice systems and attorneys general and supporting independent media and investigative reporting; (B) supporting multilateral anti-corruption mechanisms; and (C) encouraging cooperative agreements between the Department of State, other relevant Federal departments and agencies, and the attorneys general of relevant countries to fight corruption in the Caribbean. ( C) Monitoring and restricting equipment and support from high risk vendors for telecommunications infrastructure in beneficiary countries. ( (5) To promote strategic engagement with the governments of beneficiary countries through effective branding and messaging of United States assistance and security cooperation, including by developing a public diplomacy strategy for educating citizens of beneficiary countries about United States assistance and security cooperation programs and benefits. a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (2) Beneficiary countries.--The term ``beneficiary countries'' means the beneficiary countries of the Caribbean Basin Security Initiative. Passed the House of Representatives April 27, 2022.

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. 4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. ( ( (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. ( (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. a) Prioritization.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall, in consultation with the Administrator of the United States Agency for International Development and the President and Chief Executive Officer of the Inter-American Foundation, prioritize efforts to increase disaster response and resilience by carrying out programs in beneficiary countries for the following purposes: (1) Encouraging coordination between beneficiary countries and relevant Federal departments and agencies to provide expertise and information sharing. ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. 4) A plan to coordinate and track all activities carried out under the Initiative between all relevant Federal departments and agencies, in accordance with the publication requirements described in section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114- 191; 22 U.S.C. 2394c). ( (

To authorize appropriations for the Caribbean Basin Security Initiative, enhance the United States-Caribbean security partnership, prioritize disaster resilience, and for other purposes. 4) To promote the rule of law in the Caribbean and counter malign influence from authoritarian regimes, including China and Russia, by: (A) Monitoring security assistance from authoritarian regimes and taking steps necessary to ensure that this assistance does not undermine or jeopardize U.S. security assistance. ( ( (b) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development and in consultation with the President and Chief Economic Officer of the Inter-American Foundation, submit to the appropriate congressional committees a strategy that incorporates specific, measurable benchmarks to achieve the purposes described in subsection (a) and to inform citizens of beneficiary countries about the extent and benefits of United States assistance to such countries. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an implementation plan that includes a timeline and stated objectives for actions to be taken with respect to the Caribbean Basin Security Initiative. ( (6) A description of the process for co-locating Caribbean Basin Security Initiative projects funded by the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State, to ensure that crime prevention funding and enforcement funding are used in the same localities as necessary. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

S.3672

Government Operations and Politics

Return Employees to Understaffed Work Sites to Reopen Now Act of 2022 or the RETURN Act of 2022 This bill requires each federal agency to submit to Congress and publish on the agency's website a plan for the agency to resume in-person operations. The plan shall, among other things, include Each agency must submit a report to the General Services Administration recommending termination of the agency's leases of physical work spaces that are underused.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Employees to Understaffed Work Sites to Reopen Now Act of 2022'' or the ``RETURN Act of 2022''. SEC. 2. AGENCY PLANS TO RESUME IN-PERSON OPERATIONS. (a) Definitions.-- In this section: (1) Agency.--The term ``agency'' has the meaning given the term in section 101 of title 31, United States Code. (2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. (3) Employee.--The term ``employee'' means an employee of an agency. (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. (5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work.--The term ``remote work'' means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (2) Contents.--Subject to paragraph (3), the plan of an agency required under paragraph (1) shall include-- (A) the policy of the agency with respect to permitting permanent remote work capabilities for employees who can successfully achieve the duties of those employees away from the official work sites of those employees, which shall include, if applicable, the policy of the agency under section 6502(a)(1) of title 5, United States Code; (B) requirements for employees that, as part of the duties of those employees, handle original documents issued by the Federal Government or a State government that contain sensitive or private information to return to the official work sites of those employees; (C) explicit guidelines for protecting sensitive or private information if any employee described in subparagraph (B) must perform remote work; (D) metrics to measure the work productivity of employees performing remote work to identify employees that fail to fulfill the duties of those employees; (E) a plan to provide essential Government services in person for individuals in the United States; (F) a contingency plan in the event that the rate of COVID-19 transmission increases in a region in which official work sites of employees of the agency are located, which shall be based on metrics for COVID-19 transmission to trigger the contingency plan established by the agency; (G) an assurance that the agency will update the physical address of any employee of the agency who permanently moves for the purposes of determining whether the employee is eligible to receive a comparability payment under section 5304 of title 5, United States Code; and (H) measures to prepare for future public health emergencies that can be quickly implemented if remote work becomes necessary. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. (c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency. <all>

RETURN Act of 2022

A bill to require the head of each agency to establish a plan to resume in-person operations, and for other purposes.

RETURN Act of 2022 Return Employees to Understaffed Work Sites to Reopen Now Act of 2022

Sen. Wicker, Roger F.

R

MS

This bill requires each federal agency to submit to Congress and publish on the agency's website a plan for the agency to resume in-person operations. The plan shall, among other things, include Each agency must submit a report to the General Services Administration recommending termination of the agency's leases of physical work spaces that are underused.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Employees to Understaffed Work Sites to Reopen Now Act of 2022'' or the ``RETURN Act of 2022''. SEC. 2. AGENCY PLANS TO RESUME IN-PERSON OPERATIONS. (3) Employee.--The term ``employee'' means an employee of an agency. (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. (5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work.--The term ``remote work'' means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Employees to Understaffed Work Sites to Reopen Now Act of 2022'' or the ``RETURN Act of 2022''. SEC. 2. AGENCY PLANS TO RESUME IN-PERSON OPERATIONS. (3) Employee.--The term ``employee'' means an employee of an agency. (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. (5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work.--The term ``remote work'' means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Employees to Understaffed Work Sites to Reopen Now Act of 2022'' or the ``RETURN Act of 2022''. SEC. 2. AGENCY PLANS TO RESUME IN-PERSON OPERATIONS. (a) Definitions.-- In this section: (1) Agency.--The term ``agency'' has the meaning given the term in section 101 of title 31, United States Code. (3) Employee.--The term ``employee'' means an employee of an agency. (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. (5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work.--The term ``remote work'' means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (2) Contents.--Subject to paragraph (3), the plan of an agency required under paragraph (1) shall include-- (A) the policy of the agency with respect to permitting permanent remote work capabilities for employees who can successfully achieve the duties of those employees away from the official work sites of those employees, which shall include, if applicable, the policy of the agency under section 6502(a)(1) of title 5, United States Code; (B) requirements for employees that, as part of the duties of those employees, handle original documents issued by the Federal Government or a State government that contain sensitive or private information to return to the official work sites of those employees; (C) explicit guidelines for protecting sensitive or private information if any employee described in subparagraph (B) must perform remote work; (D) metrics to measure the work productivity of employees performing remote work to identify employees that fail to fulfill the duties of those employees; (E) a plan to provide essential Government services in person for individuals in the United States; (F) a contingency plan in the event that the rate of COVID-19 transmission increases in a region in which official work sites of employees of the agency are located, which shall be based on metrics for COVID-19 transmission to trigger the contingency plan established by the agency; (G) an assurance that the agency will update the physical address of any employee of the agency who permanently moves for the purposes of determining whether the employee is eligible to receive a comparability payment under section 5304 of title 5, United States Code; and (H) measures to prepare for future public health emergencies that can be quickly implemented if remote work becomes necessary. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. (c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Employees to Understaffed Work Sites to Reopen Now Act of 2022'' or the ``RETURN Act of 2022''. SEC. 2. AGENCY PLANS TO RESUME IN-PERSON OPERATIONS. (a) Definitions.-- In this section: (1) Agency.--The term ``agency'' has the meaning given the term in section 101 of title 31, United States Code. (2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. (3) Employee.--The term ``employee'' means an employee of an agency. (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. (5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work.--The term ``remote work'' means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (2) Contents.--Subject to paragraph (3), the plan of an agency required under paragraph (1) shall include-- (A) the policy of the agency with respect to permitting permanent remote work capabilities for employees who can successfully achieve the duties of those employees away from the official work sites of those employees, which shall include, if applicable, the policy of the agency under section 6502(a)(1) of title 5, United States Code; (B) requirements for employees that, as part of the duties of those employees, handle original documents issued by the Federal Government or a State government that contain sensitive or private information to return to the official work sites of those employees; (C) explicit guidelines for protecting sensitive or private information if any employee described in subparagraph (B) must perform remote work; (D) metrics to measure the work productivity of employees performing remote work to identify employees that fail to fulfill the duties of those employees; (E) a plan to provide essential Government services in person for individuals in the United States; (F) a contingency plan in the event that the rate of COVID-19 transmission increases in a region in which official work sites of employees of the agency are located, which shall be based on metrics for COVID-19 transmission to trigger the contingency plan established by the agency; (G) an assurance that the agency will update the physical address of any employee of the agency who permanently moves for the purposes of determining whether the employee is eligible to receive a comparability payment under section 5304 of title 5, United States Code; and (H) measures to prepare for future public health emergencies that can be quickly implemented if remote work becomes necessary. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. (c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency. <all>

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. ( 5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. ( (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. ( 5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. ( (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. ( 5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. ( (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. ( 5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. ( (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( b) Plans.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

To require the head of each agency to establish a plan to resume in- person operations, and for other purposes. 2) Covered agreement.--The term ``covered agreement'' means an agreement between an agency and a labor organization that-- (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. ( (4) Essential government service.--The term ``essential Government service'', with respect to an agency, includes-- (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in- person activity that cannot be replicated virtually or without a physical presence. ( 5) Official work site.--The term ``official work site'' means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. ( (3) Labor agreements.--If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. ( c) GSA Report.--Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency.

S.5347

Finance and Financial Sector

Asset Growth Restriction Act of 2022 This bill repeals restrictions related to brokered deposits and provides for asset growth restrictions applicable to insured depository institutions. Brokered deposits are deposits made to an insured institution, such as a bank, through a third-party broker for investment purposes. Currently, only well-capitalized banks are allowed to solicit and accept brokered deposits, while institutions that are adequately capitalized may accept if granted a waiver. Undercapitalized banks are prohibited from accepting these deposits. The bill repeals these brokered deposit restrictions and directs the Federal Deposit Insurance Corporation to establish limits on growth of average total assets for less than well-capitalized institutions to maintain their safety and soundness.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Growth Restriction Act of 2022''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today's economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. (b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. SEC. 3. ASSET GROWTH RESTRICTION. (a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(c) Maximum Level of Growth.--As part of the regulations required under subsection (b), the Corporation shall-- ``(1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and ``(2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. ``(d) Exemptions and Additional Restrictions.--As part of the regulations required under subsection (b), the Corporation may-- ``(1) exempt specified classes of assets from the asset growth restriction if the Corporation, in the discretion of the Corporation, determines that growth in those assets does not present risks to the safety and soundness of an insured depository institution; and ``(2) impose additional restrictions on insured depository institutions to prevent circumvention or evasion of this section by an insured depository institution resulting from actions taken by the insured depository institution by, or through, affiliates of the insured depository institution. ``(e) Orders.--The Corporation may, by order-- ``(1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and ``(2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). (c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''. <all>

Asset Growth Restriction Act of 2022

A bill to amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes.

Asset Growth Restriction Act of 2022

Sen. Moran, Jerry

R

KS

This bill repeals restrictions related to brokered deposits and provides for asset growth restrictions applicable to insured depository institutions. Brokered deposits are deposits made to an insured institution, such as a bank, through a third-party broker for investment purposes. Currently, only well-capitalized banks are allowed to solicit and accept brokered deposits, while institutions that are adequately capitalized may accept if granted a waiver. Undercapitalized banks are prohibited from accepting these deposits. The bill repeals these brokered deposit restrictions and directs the Federal Deposit Insurance Corporation to establish limits on growth of average total assets for less than well-capitalized institutions to maintain their safety and soundness.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today's economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. SEC. 3. ASSET GROWTH RESTRICTION. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(c) Maximum Level of Growth.--As part of the regulations required under subsection (b), the Corporation shall-- ``(1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and ``(2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. ``(e) Orders.--The Corporation may, by order-- ``(1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and ``(2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. 1831p-1). (c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS AND PURPOSE. SEC. 3. ASSET GROWTH RESTRICTION. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(c) Maximum Level of Growth.--As part of the regulations required under subsection (b), the Corporation shall-- ``(1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and ``(2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. ``(e) Orders.--The Corporation may, by order-- ``(1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and ``(2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today's economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. SEC. 3. ASSET GROWTH RESTRICTION. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(c) Maximum Level of Growth.--As part of the regulations required under subsection (b), the Corporation shall-- ``(1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and ``(2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. ``(d) Exemptions and Additional Restrictions.--As part of the regulations required under subsection (b), the Corporation may-- ``(1) exempt specified classes of assets from the asset growth restriction if the Corporation, in the discretion of the Corporation, determines that growth in those assets does not present risks to the safety and soundness of an insured depository institution; and ``(2) impose additional restrictions on insured depository institutions to prevent circumvention or evasion of this section by an insured depository institution resulting from actions taken by the insured depository institution by, or through, affiliates of the insured depository institution. ``(e) Orders.--The Corporation may, by order-- ``(1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and ``(2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). (c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Growth Restriction Act of 2022''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today's economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. (b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. SEC. 3. ASSET GROWTH RESTRICTION. (a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(c) Maximum Level of Growth.--As part of the regulations required under subsection (b), the Corporation shall-- ``(1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and ``(2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. ``(d) Exemptions and Additional Restrictions.--As part of the regulations required under subsection (b), the Corporation may-- ``(1) exempt specified classes of assets from the asset growth restriction if the Corporation, in the discretion of the Corporation, determines that growth in those assets does not present risks to the safety and soundness of an insured depository institution; and ``(2) impose additional restrictions on insured depository institutions to prevent circumvention or evasion of this section by an insured depository institution resulting from actions taken by the insured depository institution by, or through, affiliates of the insured depository institution. ``(e) Orders.--The Corporation may, by order-- ``(1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and ``(2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). (c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''. <all>

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. a) Asset Growth Restriction.--Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 1831f) is amended-- (1) in the section heading, by striking ``brokered deposits'' and inserting ``asset growth restrictions''; and (2) by striking subsections (a) through (i), and inserting the following: ``(a) Definitions.--In this section, the terms `average', `critically undercapitalized', and `well capitalized' have the meanings given those terms in section 38(b). ``(b) Regulations Required.--Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022, the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. ``(f) Conforming Regulations.--The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022, to ensure that those regulations conform to the requirements of this section.''. (b) Rule of Construction.--An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act (12 U.S.C. 1831p-1). ( c) Technical and Conforming Amendment.--Section 274(5) of the Truth in Savings Act (12 U.S.C. 4313(5)) is amended by inserting ``, as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022'' after ``Act''.

S.3780

International Affairs

This bill authorizes the Department of Defense to provide security assistance, including defense articles and services, to Ukraine or a NATO member country, to assist in the recipient country's defense of its territorial integrity. The authority to provide such assistance shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SECURITY ASSISTANCE FOR UKRAINE. (a) Authority.-- (1) In general.--Subject to subsections (b) and (c), the Secretary of Defense, in consultation with the Secretary of State, may, as necessary to assist Ukraine or a member country of the North Atlantic Treaty Organization in the defense of its territorial integrity-- (A) transfer to the military and security forces of Ukraine, or of a member country of the North Atlantic Treaty Organization, defense articles, defense services, equipment, and other defense support capabilities that have been authorized, procured, and contracted by, and are available to, the Department of Defense; and (B) provide other security assistance to the military and security forces of Ukraine or of a member country of the North Atlantic Treaty Organization. (2) Defense support capabilities.--The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022. <all>

A bill to provide security assistance for Ukraine, and for other purposes.

A bill to provide security assistance for Ukraine, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to provide security assistance for Ukraine, and for other purposes.

Sen. Ernst, Joni

R

IA

This bill authorizes the Department of Defense to provide security assistance, including defense articles and services, to Ukraine or a NATO member country, to assist in the recipient country's defense of its territorial integrity. The authority to provide such assistance shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SECURITY ASSISTANCE FOR UKRAINE. (2) Defense support capabilities.--The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SECURITY ASSISTANCE FOR UKRAINE. (2) Defense support capabilities.--The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SECURITY ASSISTANCE FOR UKRAINE. (a) Authority.-- (1) In general.--Subject to subsections (b) and (c), the Secretary of Defense, in consultation with the Secretary of State, may, as necessary to assist Ukraine or a member country of the North Atlantic Treaty Organization in the defense of its territorial integrity-- (A) transfer to the military and security forces of Ukraine, or of a member country of the North Atlantic Treaty Organization, defense articles, defense services, equipment, and other defense support capabilities that have been authorized, procured, and contracted by, and are available to, the Department of Defense; and (B) provide other security assistance to the military and security forces of Ukraine or of a member country of the North Atlantic Treaty Organization. (2) Defense support capabilities.--The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022. <all>

To provide security assistance for Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SECURITY ASSISTANCE FOR UKRAINE. (a) Authority.-- (1) In general.--Subject to subsections (b) and (c), the Secretary of Defense, in consultation with the Secretary of State, may, as necessary to assist Ukraine or a member country of the North Atlantic Treaty Organization in the defense of its territorial integrity-- (A) transfer to the military and security forces of Ukraine, or of a member country of the North Atlantic Treaty Organization, defense articles, defense services, equipment, and other defense support capabilities that have been authorized, procured, and contracted by, and are available to, the Department of Defense; and (B) provide other security assistance to the military and security forces of Ukraine or of a member country of the North Atlantic Treaty Organization. (2) Defense support capabilities.--The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022. <all>

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. ( c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. ( (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. ( (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. ( (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. ( c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. ( (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. ( (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. ( c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. ( (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. ( (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. ( c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. ( (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. ( (2) Exemption.--Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

To provide security assistance for Ukraine, and for other purposes. b) Limitations.-- (1) Determination.--The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals.--The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. ( c) Notice to Congress.-- (1) In general.--Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including-- (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. ( (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ( d) Termination.--The authority in subsection (a) shall terminate on December 31, 2022.

S.3982

Energy

Furthering Resource Exploration and Empowering American Energy Act or the FREE American Energy Act This bill generally expedites the review of energy projects, limits executive power over certain energy projects, delegates certain energy permitting authority to states, provides statutory authority for specified environmental rules, and terminates tax credits for certain vehicles.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Resource Exploration and Empowering American Energy Act'' or the ``FREE American Energy Act''. SEC. 2. FEDERAL ENERGY AUTHORIZATIONS. (a) Definition of Federal Energy Authorization.--In this section, the term ``Federal energy authorization'' means a permit, waiver, license, or other authorization required from a Federal agency relating to-- (1) a natural gas transmission project; (2) a natural gas interstate project; (3) the exportation of natural gas; (4) oil and gas lease sales; (5) onshore and offshore oil and gas drilling exploration; or (6) alternative energy production, including-- (A) geothermal production; (B) solar production; (C) wind production; and (D) mineral production. (b) Agency Action.-- (1) In general.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. (c) Denial.--If a Federal agency denies an application for a Federal energy authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Federal agency shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. SEC. 3. FERC AUTHORIZATIONS. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) FERC authorization.--The term ``FERC authorization'' means a permit, waiver, license, or other authorization required from the Commission relating to-- (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. (c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension.-- (1) In general.--The Commission may submit to Congress a request for an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, which shall include an explanation of the reasons why the extension is necessary. (2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. SEC. 4. RESCISSION OF EXECUTIVE ORDER. Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) is rescinded and shall have no force or effect. SEC. 5. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility or any cross-border segment thereof. (b) Congressional Authority.--The construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof, may be approved by an Act of Congress. SEC. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND. (a) Definitions.--In this section: (1) Agency; rule making.--The terms ``agency'' and ``rule making'' have the meanings given the terms in section 551 of title 5, United States Code. (2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. SEC. 7. CODIFICATION OF NEPA IMPLEMENTING REGULATIONS REFORM RULE. The final rule of the Council on Environmental Quality entitled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act'' (85 Fed. Reg. 43304 (July 16, 2020)) is enacted into law. SEC. 8. NAVIGABLE WATERS PROTECTION RULE. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. Reg. 22250 (April 21, 2020)) is enacted into law. SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''. <all>

FREE American Energy Act

A bill to require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes.

FREE American Energy Act Furthering Resource Exploration and Empowering American Energy Act

Sen. Scott, Rick

R

FL

This bill generally expedites the review of energy projects, limits executive power over certain energy projects, delegates certain energy permitting authority to states, provides statutory authority for specified environmental rules, and terminates tax credits for certain vehicles.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. This Act may be cited as the ``Furthering Resource Exploration and Empowering American Energy Act'' or the ``FREE American Energy Act''. 2. FEDERAL ENERGY AUTHORIZATIONS. (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. (2) FERC authorization.--The term ``FERC authorization'' means a permit, waiver, license, or other authorization required from the Commission relating to-- (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. RESCISSION OF EXECUTIVE ORDER. Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) is rescinded and shall have no force or effect. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. 301 note; 69 Fed. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND. (a) Definitions.--In this section: (1) Agency; rule making.--The terms ``agency'' and ``rule making'' have the meanings given the terms in section 551 of title 5, United States Code. 1702)). 7. The final rule of the Council on Environmental Quality entitled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act'' (85 Fed. 43304 (July 16, 2020)) is enacted into law. 8. NAVIGABLE WATERS PROTECTION RULE. Reg. 22250 (April 21, 2020)) is enacted into law. SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

2. FEDERAL ENERGY AUTHORIZATIONS. (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. (2) FERC authorization.--The term ``FERC authorization'' means a permit, waiver, license, or other authorization required from the Commission relating to-- (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. RESCISSION OF EXECUTIVE ORDER. Executive Order 13990 (42 U.S.C. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. 301 note; 69 Fed. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND. (a) Definitions.--In this section: (1) Agency; rule making.--The terms ``agency'' and ``rule making'' have the meanings given the terms in section 551 of title 5, United States Code. 1702)). 7. The final rule of the Council on Environmental Quality entitled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act'' (85 Fed. 43304 (July 16, 2020)) is enacted into law. 8. NAVIGABLE WATERS PROTECTION RULE. Reg. SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Resource Exploration and Empowering American Energy Act'' or the ``FREE American Energy Act''. 2. FEDERAL ENERGY AUTHORIZATIONS. (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. (2) FERC authorization.--The term ``FERC authorization'' means a permit, waiver, license, or other authorization required from the Commission relating to-- (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. (c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. RESCISSION OF EXECUTIVE ORDER. Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) is rescinded and shall have no force or effect. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. 5397 (September 9, 1953)), or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility or any cross-border segment thereof. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND. (a) Definitions.--In this section: (1) Agency; rule making.--The terms ``agency'' and ``rule making'' have the meanings given the terms in section 551 of title 5, United States Code. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. 7. CODIFICATION OF NEPA IMPLEMENTING REGULATIONS REFORM RULE. The final rule of the Council on Environmental Quality entitled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act'' (85 Fed. 43304 (July 16, 2020)) is enacted into law. 8. NAVIGABLE WATERS PROTECTION RULE. Reg. 22250 (April 21, 2020)) is enacted into law. SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Resource Exploration and Empowering American Energy Act'' or the ``FREE American Energy Act''. 2. FEDERAL ENERGY AUTHORIZATIONS. (a) Definition of Federal Energy Authorization.--In this section, the term ``Federal energy authorization'' means a permit, waiver, license, or other authorization required from a Federal agency relating to-- (1) a natural gas transmission project; (2) a natural gas interstate project; (3) the exportation of natural gas; (4) oil and gas lease sales; (5) onshore and offshore oil and gas drilling exploration; or (6) alternative energy production, including-- (A) geothermal production; (B) solar production; (C) wind production; and (D) mineral production. (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) FERC authorization.--The term ``FERC authorization'' means a permit, waiver, license, or other authorization required from the Commission relating to-- (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. (c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension.-- (1) In general.--The Commission may submit to Congress a request for an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, which shall include an explanation of the reasons why the extension is necessary. (2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. RESCISSION OF EXECUTIVE ORDER. Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) is rescinded and shall have no force or effect. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. 5397 (September 9, 1953)), or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility or any cross-border segment thereof. (b) Congressional Authority.--The construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof, may be approved by an Act of Congress. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND. (a) Definitions.--In this section: (1) Agency; rule making.--The terms ``agency'' and ``rule making'' have the meanings given the terms in section 551 of title 5, United States Code. (2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. 7. CODIFICATION OF NEPA IMPLEMENTING REGULATIONS REFORM RULE. The final rule of the Council on Environmental Quality entitled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act'' (85 Fed. 43304 (July 16, 2020)) is enacted into law. 8. NAVIGABLE WATERS PROTECTION RULE. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. Reg. 22250 (April 21, 2020)) is enacted into law. SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. b) Agency Action.-- (1) In general.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. ( 2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. ( (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. ( 2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. ( a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 43304 (July 16, 2020)) is enacted into law. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. ( 2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. ( a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 43304 (July 16, 2020)) is enacted into law. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. b) Agency Action.-- (1) In general.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. ( 2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. ( (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. ( 2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. ( a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 43304 (July 16, 2020)) is enacted into law. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. b) Agency Action.-- (1) In general.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. ( 2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. ( (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. ( 2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. ( a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 43304 (July 16, 2020)) is enacted into law. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. b) Agency Action.-- (1) In general.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. (b) FERC Action.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. ( 2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. ( (a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 2) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (b) Delegation.--Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022.''.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( (d) Extension.--On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. c) Denial.--If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. ( 2) Congressional approval.--A request for an extension under paragraph (1) may only be approved by an Act of Congress. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES. ( a) In General.--No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 43304 (July 16, 2020)) is enacted into law. The final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``The Navigable Waters Protection Rule: Definition of `Waters of the United States''' (85 Fed. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 2) Subsequent applications.--The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. ( ( 2) Subsequent applications.--Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. ( ( Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any vehicle acquired after December 31, 2022. ''.

S.886

Families